Eugene Korte v. State of California

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 26 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
EUGENE KORTE, No. 20-15305
Plaintiff-Appellant, D.C. No. 2:19-cv-02428-TLN-KJN
v.
MEMORANDUM*
STATE OF CALIFORNIA; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Troy L. Nunley, District Judge, Presiding
Submitted April 20, 2021**
Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges.
Eugene Korte appeals pro se from the district court’s judgment dismissing
his action alleging numerous constitutional claims and other violations of federal
law. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a
dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii). Watison v. Carter, 668 F.3d 1108,
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
1112 (9th Cir. 2012). We affirm.
The district court properly dismissed Korte’s action because Korte failed to
allege facts sufficient to state any plausible claim. See Ashcroft v. Iqbal, 556 U.S.
662, 678 (2009) (to avoid dismissal, “a complaint must contain sufficient factual
matter, accepted as true, to state a claim to relief that is plausible on its face”
(citation and internal quotation marks omitted)).
All pending motions are denied.
AFFIRMED.
2 20-15305