Opinion
20-16370
09-22-2021
PAUL NIVARD BEATON, Plaintiff-Appellant, v. U.S. IMMIGRATION, Sacramento Field Office; IMMIGRATION AND CUSTOMS ENFORCEMENT, Sacramento Field Office, Defendants-Appellees.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court No. 2:19-cv-02039-TLN-CKD for the Eastern District of California Troy L. Nunley, District Judge, Presiding
Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
California state prisoner Paul Nivard Beaton appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.
The district court properly dismissed Beaton's action because Beaton failed to allege facts sufficient to state a plausible claim. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a plaintiff must allege facts sufficient to state a plausible claim); see also Christopher v. Harbury, 536 U.S. 403, 415 (2002) (requirements for denial of access to courts claim); Krainski v. Nev. ex rel. Bd. of Regents of Nev. Sys. of Higher Educ., 616 F.3d 963, 970 (9th Cir. 2010) (a claim for procedural due process requires a "deprivation of a constitutionally protected liberty or property interest").
Beaton's motion to include exhibits with his opening brief (Docket Entry No. 16) is granted.
AFFIRMED.