U.S. Court of Appeals for the Ninth Circuit, 2015

Sourav Bhattacharya v. Green Organization

Sourav Bhattacharya v. Green Organization
U.S. Court of Appeals for the Ninth Circuit · Decided September 4, 2015 · McKeown, Clifton, Hurwitz
616 F. App'x 268

Sourav Bhattacharya v. Green Organization

Opinion

MEMORANDUM **

Sourav Sam Bhattacharya appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging claims in connection with alleged violations of his privacy. We have jurisdiction under 28 U.S.C. § 1291. We review de *269 novo, Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010), and we affirm.

The district court properly dismissed Bhattacharya’s action because Bhattachar-ya failed to allege facts sufficient to state any plausible claim. See id. at 341-42 (although pro se -pleadings are to be liberally construed, a plaintiff must present factual allegations sufficient to state a plausible claim for relief).

The district court did not abuse its discretion in denying as moot Bhattacharya’s motion to compel Arizona State University to respond to written deposition questions before any defendant had been served. See Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir. 2002) (setting forth standard of review and explaining that a trial court has broad discretion to permit.or deny discovery); see also Fed.R.Civ.P. 26(d)(1) (“A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)[.]”); Fed. R.Civ.P. 31(a) (explaining that a party must seek leave of court to depose by written question any person “before the time specified in Rule 26(d)”).

The district court did not abuse its discretion by denying Bhattacharya’s motion for reconsideration because Bhattacharya failed to establish grounds for such relief. See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth standard of review and grounds for reconsideration under Fed.R.Civ.P. 59(e) and 60(b)).

We reject Bhattacharya’s contention that the district court failed to address his motion for joinder because the record reflects, and Bhattacharya concedes in his motion filed on February 12, 2014, that he never filed a motion for joinder. All pending motions are denied.

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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