Dennis Hooper v. Ushud

U.S. Court of Appeals for the Ninth Circuit

Dennis Hooper v. Ushud

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 3 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

DENNIS RUSSELL HOOPER, No. 17-35674

Plaintiff-Appellant, D.C. No. 6:17-cv-00031-MC

v. MEMORANDUM* U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; COOS- CURRY HOUSING AUTHORITY,

Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Michael J. McShane, District Judge, Presiding

Submitted November 27, 2018**

Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.

Dennis Russell Hooper appeals pro se from the district court’s judgment

dismissing his action alleging, among other claims, violations of the Americans

with Disabilities Act (“ADA”). We have jurisdiction under 28 U.S.C. § 1291. We

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). review de novo a dismissal under Fed. R. Civ. P. 12(b)(6). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We may affirm on any ground supported by the

record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th

Cir. 2008). We affirm.

Dismissal of Hooper’s ADA claims was proper because Hooper failed to

allege facts sufficient to show that defendants discriminated against Hooper due to

his disability, or denied Hooper any public accommodations because of his

disability. See Thompson v. Davis, 295 F.3d 890, 895 (9th Cir. 2002) (elements of

a Title II ADA claim); see also Molski v. M.J. Cable, Inc., 481 F.3d 724, 730 (9th

Cir. 2007) (elements of a Title III discrimination claim).

We do not consider arguments and allegations raised for the first time on

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

2 17-35674

Reference

Status
Unpublished