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Ibeabuchi v. Banicki

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 31, 2018
No. 18-16309 (9th Cir. Oct. 31, 2018)

Opinion

No. 18-16309

10-31-2018

IKEMEFULA CHARLES IBEABUCHI, AKA Charles Ikemefula Ibeabuchi, Plaintiff-Appellant, v. BANICKI, Officer/ Sheriff's Deputy B3339 (Unit 4E) at 4th Avenue Jail; VAIL, Jail Commander/ Supervisor A8985 at 4th Avenue Jail, Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 2:17-cv-04577-JAT-JZB MEMORANDUM Appeal from the United States District Court for the District of Arizona
James A. Teilborg, District Judge, Presiding Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Arizona state prisoner Ikemefula Charles Ibeabuchi, AKA Charles Ikemefula Ibeabuchi, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012). We affirm.

The district court properly dismissed Ibeabuchi's action because Ibeabuchi failed to allege facts sufficient to state a plausible claim for relief. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are to be construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief); see also Lopez v. Dep't of Health Servs., 939 F.2d 881, 883 (9th Cir. 1991) (setting forth elements of a § 1983 claim).

We do not consider documents not presented to the district court. See United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990) ("Documents or facts not presented to the district court are not part of the record on appeal.").

AFFIRMED.


Summaries of

Ibeabuchi v. Banicki

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 31, 2018
No. 18-16309 (9th Cir. Oct. 31, 2018)
Case details for

Ibeabuchi v. Banicki

Case Details

Full title:IKEMEFULA CHARLES IBEABUCHI, AKA Charles Ikemefula Ibeabuchi…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 31, 2018

Citations

No. 18-16309 (9th Cir. Oct. 31, 2018)