Willie Clay, II v. Mark Peterson

FILED
NOT FOR PUBLICATION AUG 05 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILLIE MORRIS CLAY, II, No. 15-16320
Plaintiff - Appellant, D.C. No. 5:14-cv-02932-RMW
v.
MEMORANDUM*
MARK PETERSON, Chief District
Attorney; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Ronald M. Whyte, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
California state prisoner Willie Morris Clay, II, appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging
defamation of character. We have jurisdiction under 28 U.S.C. § 1291. We review
*
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).
de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443,
447 (9th Cir. 2000). We affirm.
The district court properly dismissed Clay’s action because Clay failed to
allege facts sufficient to show that defendants’ allegedly defamatory statement
altered or extinguished a state-recognized right or status. See Paul v. Davis, 424
U.S. 693, 710-12 (1976) (to state a defamation claim under § 1983, plaintiff must
allege that a state-recognized right or status was altered or extinguished in addition
to any reputational harm).
AFFIRMED.
2 15-16320