FILED

NOT FOR PUBLICATION AUG 05 2016

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT WILLIE MORRIS CLAY, II, No. 15-16320

Plaintiff - Appellant, D.C. No. 5:14-cv-02932-RMW v.

MEMORANDUM* MARK PETERSON, Chief District Attorney; et al.,

Defendants - Appellees.

Appeal from the United States District Court

for the Northern District of California

Ronald M. Whyte, District Judge, Presiding

Submitted July 26, 2016** Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.

California state prisoner Willie Morris Clay, II, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging defamation of character. We have jurisdiction under 28 U.S.C. § 1291. We review

*

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). de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Clay’s action because Clay failed to allege facts sufficient to show that defendants’ allegedly defamatory statement altered or extinguished a state-recognized right or status. See Paul v. Davis, 424 U.S. 693, 710-12 (1976) (to state a defamation claim under § 1983, plaintiff must allege that a state-recognized right or status was altered or extinguished in addition to any reputational harm).

AFFIRMED.

2 15-16320