Eugene Korte v. State of California

U.S. Court of Appeals for the Ninth Circuit

Eugene Korte v. State of California

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 26 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

EUGENE KORTE, No. 20-15305

Plaintiff-Appellant, D.C. No. 2:19-cv-02428-TLN-KJN

v. MEMORANDUM* STATE OF CALIFORNIA; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding

Submitted April 20, 2021**

Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges.

Eugene Korte appeals pro se from the district court’s judgment dismissing

his action alleging numerous constitutional claims and other violations of federal

law. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a

dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii). Watison v. Carter, 668 F.3d 1108,

* 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). 1112 (9th Cir. 2012). We affirm.

The district court properly dismissed Korte’s action because Korte failed to

allege facts sufficient to state any plausible claim. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (to avoid dismissal, “a complaint must contain sufficient factual

matter, accepted as true, to state a claim to relief that is plausible on its face”

(citation and internal quotation marks omitted)).

All pending motions are denied.

AFFIRMED.

2 20-15305

Reference

Status
Unpublished