Public-domain · open source
OpenJurist

649 F. App'x 499

Andrew Wolf v. Robin Sandy

U.S. Courts of Appeals

Decided May 2, 2016

This page is marked noindex.

U.S. Courts of Appeals · decided 2016-05-02

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1915A · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Max Lopez Jr v. Ga Smith Larry Loo a Acevedo Patterson 4a-2r · School District No. 1J, Multnomah County v. ACandS, Inc. · Herman Resnick v. Warden Hayes Lt. Ernst Officer Myers (Dho) Counselor Aune Officer Wade

Decided 2016-05-02

¶1 MEMORANDUM

¶2 Andrew J. J. Wolf, an Idaho state prison: er, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. 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.

¶3 The district court properly dismissed Wolfs action because Wolf failed to allege facts sufficient to state a plausible claim for relief. See Tsao v. Desert Palace, Inc,, 698 F.3d 1128, 1139 (9th Cir.2012) (a private entity is liable under § 1983 only if a constitutional violation was caused by an official policy or custom); Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir.2011) (a supervisor is liable under § 1983 only if he or she is personally involved in the constitutional deprivation or there is a “sufficient causal connection between the supervisor’s wrongful conduct and the constitutional violation” (citation and internal quotation marks omitted)); Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (although pro se pleadings are to be construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief).

¶4 The district court did not abuse its discretion by denying Wolf leave to amend because amendment would have been futile. See Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir.2000) (en banc) (setting forth standard of review and explaining that leave to amend should be given unless amendment would be futile).

¶5 The district court did not abuse its discretion by denying Wolfs motion to alter, amend, vacate or. reconsider the final judgment because Wolf failed to establish grounds for such relief. See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, *500 Inc., 5 F.3d 1255, 1262-68 (9th Cir.1993) (setting forth standard of review and grounds for reconsideration under Federal Rules of Civil Procedure 59(e) and 60(b)).

¶6 AFFIRMED.

¶7 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

/649/fappx/499 · .json · Public domain