U.S. Court of Appeals for the Ninth Circuit, 2017

Scott Metcalf v. Olivia Craven

Scott Metcalf v. Olivia Craven
U.S. Court of Appeals for the Ninth Circuit · Decided March 20, 2017 · Leavy, Fletcher, Owens
683 F. App'x 637

Scott Metcalf v. Olivia Craven

Opinion

MEMORANDUM ***

Scott Metcalf appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Belanus v. Clark, 796 F.3d 1021, 1024 (9th Cir. 2015) (dismissal under 28 U.S.C. § 1915A); Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915(e)(2)). We may affirm on any basis supported by the record. Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir. 1998). We affirm.

Dismissal of Metcalfs action was proper because Metcalf failed to allege facts sufficient to state a plausible claim for relief on the basis that his sentences were not properly calculated. See Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (“A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”).

Metcalfs motion for appointment of counsel, filed on May 13, 2016, is denied.

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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