Dante Craig v. A. Hernandez

FILED
NOT FOR PUBLICATION MAY 03 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DANTE CRAIG, No. 09-15904
Plaintiff - Appellant, D.C. No. 1:05-cv-01579-AWI-
GSA
v.
A. F. HERNANDEZ, Lieutenant; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, Chief Judge, Presiding
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
California state prisoner Dante Craig appeals pro se from the district court’s
judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials
violated his Eighth and Fourteenth Amendment rights when they housed him with
*
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).
a documented enemy. We have jurisdiction under 28 U.S.C. § 1291. We review
de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.
The district court properly dismissed Craig’s action because the second
amended complaint failed to allege any specific facts showing that he was entitled
to relief. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (a complaint
must go beyond “labels and conclusions, and a formulaic recitation of the elements
of a cause of action,” and provide the grounds for entitlement to relief).
AFFIRMED.
2 09-15904