Kenneth Sierra v. Grannis

FILED
NOT FOR PUBLICATION SEP 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KENNETH A. SIERRA, No. 09-15234
Plaintiff - Appellant, D.C. No. 1:08-cv-00887-RTB-
CAB
v.
GRANNIS, Chief Inmate Appeals; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Roger T. Benitez, District Judge, Presiding
**
Submitted September 27, 2011
Before: HAWKINS, SILVERMAN and W. FLETCHER, Circuit Judges.
California state prisoner Kenneth Sierra appeals pro se from the district
court's dismissal of his 42 U.S.C. § 1983 action on the grounds that Sierra's
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
complaint was nearly incomprehensible. We have jurisdiction pursuant to 28
U.S.C. § 1291, and we affirm.
The district court did not err in dismissing Sierra’s action. We agree that the
complaint lacks an arguable basis in either law or fact. See 28 U.S.C.
§§1915(e)(2)(B), 1915A.
AFFIRMED.