Opinion
No. 08-16943.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed July 7, 2009.
Bryan Davis, Sr., Soledad, CA, pro se.
Appeal from the United States District Court for the Eastern District of California, Frank C. Damrell, District Judge, Presiding. D.C. No. 2:07-cv-01530-FCD-EFB.
Before: PAEZ, and TALLMAN, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
California prisoner Bryan Davis, Sr., appeals pro se from the district court's judgment dismissing his amended complaint for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291. We conclude that the district court properly dismissed Davis' action under 28 U.S.C. § 1915A(a) and (b). The district court notified Davis of the deficiencies in his pleadings, advised him how to correct them and afforded him an opportunity to amend his complaint. We agree with the district court that the allegations in Davis' first amended complaint, that he has been subjected to atrocity and crimes since 1998, were too vague and conclusory to state a civil rights claim. See Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992) (noting that the court's discretion to deny leave to amend is particularly broad where court has afforded plaintiff one or more opportunities to amend his complaint); Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).