Taniela F. Kivalu v. Northcentral University

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TANIELA F. KIVALU,
Plaintiff-Appellant,
v.
NORTHCENTRAL UNIVERSITY;
TRUSTEE BOARD MEMBERS OF
NORTHCENTRAL UNIVERSITY;
MICHAEL CAHILL; SAM BARSTOSKY;
U.S. DEPARTMENT OF EDUCATION;
UNITED STATES CREDIT BUREAUS;
UNKNOWN PARTIES, named as Others,
Defendants-Appellees.
No. 21-16811
D.C. No. 2:21-cv-00379-SPL
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Steven Paul Logan, District Judge, Presiding
Submitted June 26, 2023**
Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.
Taniela F. Kivalu appeals pro se from the district court’s judgment
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUN 30 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-16811
dismissing his action alleging federal disability discrimination claims. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28
U.S.C. § 1915(e)(2)(B)(ii). Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir.
2012). We affirm.
The district court properly dismissed Kivalu’s action because Kivalu failed
to allege facts sufficient to state a plausible claim for relief. 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).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending requests are denied.
AFFIRMED.

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