Opinion
No. 07-16704.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 21, 2008.
David Tomasello, Tonopah, AZ, pro se.
Steven Greogry Biddle, Esq., Emily M. Craiger, Esq., Littler Mendelson, PC, Phoenix, AZ, for Defendants-Appellees.
Appeal from the United States District Court for the District of Arizona, Stephen M. McNamee, District Judge, Presiding. D.C. No. CV-06-00779-SMM.
Before: B. FLETCHER, FISHER and PAEZ, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
This is an appeal from the district court's order granting defendants' motion to dismiss plaintiff's complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).
The court has received and reviewed appellant's response to the court's February 15, 2008 order to show cause and appellees' response thereto. A review of the record and these responses indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard).
Accordingly, we affirm the district court's judgment.
All pending motions are denied as moot.