Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Plaintiff brought a breach of contract action against building corporation and political consultant. The United States District Court for the District of Nevada, Philip M. Pro, J., dismissed for failure to state a claim. Plaintiff appealed. The Court of Appeals held that written agreement contained a clear intent not to be bound, and thus, no contract was formed.
Affirmed.
Appeal from the United States District Court for the District of Nevada Philip M. Pro, District Judge, Presiding.
Before KOZINSKI, T.G. NELSON, and TALLMAN, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Kenn Andrews appeals pro se the district court's judgment dismissing under
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Fed.R.Civ.P. 12(b)(6) his contract action against Rogich and Ranger Building Corporation. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo dismissals under Fed.R.Civ.P. 12(b)(6). Johnson v. Knowles, 113 F.3d 1114, 1117 (9th Cir.1997). We affirm.
Because the written agreement between Andrews and Rogich contained a clear intent not to be bound, the district court did not err in dismissing Andrews' action because no contract was formed. See Tropicana Hotel Corp. v. Speer, 101 Nev. 40, 692 P.2d 499, 502 (Nev.1985).
Andrews' contentions regarding discovery are considered and rejected.
AFFIRMED.