Manuel F. Marques v. Dwight Neven;

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MANUEL F. MARQUES,
Plaintiff - Appellant,
v.
DWIGHT NEVEN; et al.,
Defendants - Appellees.
No. 11-16036
D.C. No. 2:08-cv-00656-RLH-RJJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Roger L. Hunt, District Judge, Presiding
Submitted May 15, 2012**
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Nevada state prisoner Manuel F. Marques appeals pro se from the district
court’s judgment dismissing his action alleging constitutional violations in
connection with a prison disciplinary conviction. We have jurisdiction under 28
FILED
MAY 25 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-16036 2
U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A for
failure to state a claim. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011). We
affirm.
The district court properly dismissed without prejudice Marques’ fourth
amended complaint because Marques failed to allege facts sufficient to support his
claims. See Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009) (to avoid dismissal, a
plaintiff must allege more than “labels and conclusions” or “naked assertion[s]” in
support of his claims (citation and internal quotation marks omitted)).
AFFIRMED.

-- 2 of 2 --