Opinion
No. 15-55994
11-23-2016
KRISTA DANDRIDGE-BARNETT, Plaintiff-Appellant, v. BARNES AND NOBLE, INC., Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 5:14-cv-02254-JLS-KK MEMORANDUM Appeal from the United States District Court for the Central District of California
Josephine L. Staton, District Judge, Presiding Before: LEAVY, BERZON, and MURGUIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Krista Dandridge-Barnett appeals pro se from the district court's judgment dismissing for failure to prosecute her action alleging federal and state law claims arising from an incident at a Barnes and Nobles store. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Edwards v. Marin Park, Inc., 356 F.3d 1058, 1063 (9th Cir. 2004). We affirm.
Because the records shows that Dandridge-Barnett stood on her complaint, the district court abused its discretion in converting the Fed. R. Civ. P. 12(b)(6) dismissal of Dandridge-Barnett's claims into a Fed. R. Civ. P. 41(b) sanction. See id. at 1064-65 (dismissal under Rule 41(b) is not appropriate where the plaintiff makes an affirmative choice not to amend the complaint).
Nevertheless, dismissal of Dandridge-Barnett's federal claims was proper because Dandridge-Barnett failed to allege facts sufficient to state any plausible claims. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); see also Lindsey v. SLT Los Angeles, LLC, 447 F.3d 1138, 1144-45 (2005) (setting forth elements of a § 1981 racial discrimination claim); Sever v. Alaska Pulp Corp., 978 F.2d 1529, 1536 (9th Cir. 1992) (setting forth elements of a § 1985(3) conspiracy claim); Trerice v. Pedersen, 769 F.2d 1398, 1403 (9th Cir. 1985) (a cause of action is not provided under 42 U.S.C. § 1986 absent a valid claim for relief under § 1985).
The district court did not abuse its discretion in declining to exercise supplemental jurisdiction over Dandridge-Barnett's state law claims after dismissing her federal claims. See 28 U.S.C. § 1367(c)(3); San Pedro Hotel Co., Inc. v. City of Los Angeles, 159 F.3d 470, 478 (9th Cir. 1998) (standard of review).
AFFIRMED.