John Henneberry v. City of Newark

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 23 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN HENNEBERRY, No. 18-16940
Plaintiff-Appellant, D.C. No. 3:18-cv-01905-JCS
v.
MEMORANDUM*
CITY OF NEWARK; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
Joseph C. Spero, Magistrate Judge, Presiding**
Submitted May 21, 2019***
Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.
John Henneberry appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging First and Fourteenth Amendment
claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The parties consented to proceed before a magistrate judge. See 28
U.S.C. § 636(c).
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
dismissal for failure to state a claim under Fed. R. Civ. P. 12(b)(6). DeGrassi v.
City of Glendora, 207 F.3d 636, 644 (9th Cir. 2000). We affirm.
The district court properly dismissed Henneberry’s action arising from the
reading of his letters at city council meetings because Henneberry failed to allege
facts sufficient to state plausible claims. See Vill. of Willowbrook v. Olech, 528
U.S. 562, 564 (2000) (per curiam) (elements of an equal protection “class of one”
claim); Heffron v. Int’l Soc’y for Krishna Consciousness, Inc., 452 U.S. 640, 647
(1981) (First Amendment does not guarantee the right to communicate one’s views
at all times and places or in any manner that may be desired); Kindt v. Santa
Monica Rent Control Bd., 67 F.3d 266, 269-71 (9th Cir. 1995) (a city council may
impose time, place, and manner restrictions on speech so long as they are
reasonable and viewpoint neutral).
AFFIRMED.
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