From Casetext: Smarter Legal Research

McKinney v. Baca

United States Court of Appeals, Ninth Circuit.Page 782
Oct 5, 2007
250 F. App'x 781 (9th Cir. 2007)

Opinion

No. 05-55140.

Submitted September 24, 2007.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed October 5, 2007.

Alonzo McKinney, Represa, CA, pro se.

Appeal from the United States District Court for the Central District of California, Robert M. Takasugi, District Judge, Presiding. D.C. No. CV-04-04185-RMT.

Before: CANBY, TASHIMA and RAWLINSON, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Alonzo McKinney, a California state prisoner, appeals pro se from the district court's order dismissing his 42 U.S.C. § 1983 action pursuant to 28 U.S.C. § 1915A. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal under section 1915A and we construe pro se pleadings liberally. Re snick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed McKinney's action because McKinney's largely incoherent allegations concerning, inter alia, prison grievances procedures, false reports, deprivation of counsel and lost library privileges failed to state a discernable claim for relief under section 1983. See West Coast Theater Corp. v. City of Portland, 897 F.2d 1519, 1527 (9th Cir. 1990) (setting forth the elements under section 1983).

The district court did not abuse its discretion by dismissing the second amended complaint without leave to amend after notifying McKinney of the deficiencies in his pleadings, advising him how to correct them, and affording him multiple opportunities to amend his complaint. See Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992) (noting discretion to deny leave to amend is particularly broad where court has afforded plaintiff one or more opportunities to amend his complaint).

McKinney's remaining contentions are unpersuasive.

AFFIRMED.


Summaries of

McKinney v. Baca

United States Court of Appeals, Ninth Circuit.Page 782
Oct 5, 2007
250 F. App'x 781 (9th Cir. 2007)
Case details for

McKinney v. Baca

Case Details

Full title:Alonzo McKINNEY, Plaintiff-Appellant, v. Lee BACA; et al.…

Court:United States Court of Appeals, Ninth Circuit.Page 782

Date published: Oct 5, 2007

Citations

250 F. App'x 781 (9th Cir. 2007)

Citing Cases

Webb v. Busey

Plaintiff has had multiple opportunities to amend his complaint to state a federal claim but has failed to do…

Uy v. Lopez

McKinney v. Baca, 250 Fed.Appx. 781 (9th Cir. 2007) citing Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir.…