Dion Anderson v. THE CITY, The California Department of Corrections

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DION ANDERSON,
Plaintiff - Appellant,
v.
THE CITY, The California Department of
Corrections and Rehabilitations; THE
COUNTY OF KINGS,
Defendants - Appellees.
No. 14-17451
D.C. No. 1:14-cv-00202-LJO-MJS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted November 18, 2015 **
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
California state prisoner Dion Anderson appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 claim alleging constitutional
violations stemming from purportedly false charges of battery on a correctional
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
DEC 1 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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officer. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.
Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal under 28 U.S.C.
§ 1915(e)(2)(B)(ii)); Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011)
(dismissal under 28 U.S.C. § 1915A). We affirm.
The district court properly dismissed Anderson’s claims against defendants
Gibson, Cavazos and Lozano because Anderson failed to allege facts sufficient to
state a plausible claim for relief. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(requirements for facial plausibility); Starr v. Baca, 652 F.3d 1202, 1207-08 (9th
Cir. 2011) (requirements for establishing supervisory liability); Mann v. Adams,
855 F.2d 639, 640 (9th Cir. 1988) (order) (explaining that there is “no legitimate
claim of entitlement to a prison grievance procedure”).
The district court properly dismissed Anderson’s claims against defendant
King County because Anderson failed to allege facts sufficient to establish
municipal liability. See Jackson v. Barnes, 749 F.3d 755, 763-64 (9th Cir. 2014)
(discussing factual allegations sufficient to establish municipal liability based on a
policy of inaction).
AFFIRMED.

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