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889 F2d 1097 Velarde v. C Davis

889 F.2d 1097

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Robert P. VELARDE; Leticia Velarde, Plaintiffs-Appellants,
v.
Raymond C. DAVIS, Police Chief for the City of Santa Ana,
Defendant-Appellee.

No. 88-6222.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 23, 1989.*
Decided Nov. 15, 1989.

Before ALARCON, O'SCANNLAIN and LEAVY, Circuit Judges.

1

MEMORANDUM**

2

Robert and Leticia Velarde appeal from the district court's dismissal of their civil rights action against the Chief of Police of the town of Santa Ana, California. We review de novo, see Les Shockley Racing, Inc. v. National Hot Rod Ass'n, 884 F.2d 504, 507 (9th Cir.1989) (dismissal for failure to state a claim under Fed.R.Civ.P. 12(b)(6)), and we affirm.

3

In granting leave to amend, the magistrate outlined the deficiencies in the appellants' complaint and indicated what was needed to cure those defects. See Hernandez v. Denton, 861 F.2d 1421, 1423 (9th Cir.1988) (pro se litigants generally entitled to brief statement of deficiencies of complaint and leave to amend). The appellants' subsequently filed First Amended Complaint was no less defective, again consisting of vague and conclusory allegations. Such do not state a cognizable claim under the Civil Rights Act as against the appellee. See Burns v. County of King, 883 F.2d 819, 821 (9th Cir.1989) (per curiam).

4

AFFIRMED.

*

The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed.R.App.P. 34(a), Ninth Circuit Rule 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3