FROST v. BECHETTI (2018)

United States Court of Appeals, Ninth Circuit.

Vinton P. FROST, Plaintiff-Appellant, v. BECHETTI, Police Officer, Palo Alto Police Department; et al., Defendants-Appellees.

No. 18-15856

Decided: December 19, 2018

Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges.

Vinton P. Frost, San Francisco, CA, pro se.

MEMORANDUM **

Vinton P. Frost appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a district court's dismissal of a complaint as frivolous. Trimble v. City of Santa Rosa, 49 F.3d 583, 584 (9th Cir. 1995). We affirm.

The district court did not abuse its discretion by dismissing Frost's first amended complaint as frivolous because it has no arguable basis in law or fact. See Denton v. Hernandez, 504 U.S. 25, 31-32, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992) (discussing the meaning of “frivolousness”).

The district court did not abuse its discretion by denying Frost's motion for leave to file a second amended complaint because amendment would have been futile. See Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth standard of review and explaining that dismissal without leave to amend is proper when amendment would be futile).

AFFIRMED.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law