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Wolinski v. Shaffer

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 19, 2016
658 F. App'x 321 (9th Cir. 2016)

Opinion

No. 15-16685

09-19-2016

KRZYSZTOF F. WOLINSKI, Plaintiff-Appellant, v. JENNIFER P. SHAFFER; JERRY BROWN, Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 2:14-cv-02492-MCE-EFB MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Krzysztof F. Wolinski, a California state prisoner, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights and the Convention on the Transfer of Sentenced Persons by failing to transfer him to a Polish prison. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a 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 Wolinski's action because Wolinski failed to allege facts sufficient to state any plausible claims. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief); see also West v. Atkins, 487 U.S. 42, 48 (1988) (elements of a claim under 42 U.S.C. § 1983); Meachum v. Fano, 427 U.S. 215, 225 (1976) (prisoners have no liberty interest under the Due Process Clause of the Fourteenth Amendment in a transfer).

The district court did not abuse its discretion by dismissing the complaint without leave to amend because amendment would have been futile. See Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth standard of review and explaining that district court may dismiss without leave to amend when amendment would be futile).

AFFIRMED.


Summaries of

Wolinski v. Shaffer

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 19, 2016
658 F. App'x 321 (9th Cir. 2016)
Case details for

Wolinski v. Shaffer

Case Details

Full title:KRZYSZTOF F. WOLINSKI, Plaintiff-Appellant, v. JENNIFER P. SHAFFER; JERRY…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Sep 19, 2016

Citations

658 F. App'x 321 (9th Cir. 2016)