U.S. Court of Appeals for the Ninth Circuit, 2012

Manuel Marques v. Dwight Neven

Manuel Marques v. Dwight Neven
U.S. Court of Appeals for the Ninth Circuit · Decided May 25, 2012 · Canby, Graber, Smith
473 F. App'x 740

Manuel Marques v. Dwight Neven

Opinion

MEMORANDUM **

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 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, 129 S.Ct. 1937, 173 L.Ed.2d 868 (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.

**

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

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