MARTIN v. WASHINGTON STATE DEPARTMENT OF CORRECTIONS EDUCATION (2019)

MEMORANDUM **

Washington state prisoner Ronald Brownell Martin appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action challenging his exclusion from community college classes. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We affirm.

The district court properly dismissed Martin’s action because Martin failed to allege facts sufficient to show that he was deprived of a right secured by the Constitution and laws of the United States. See Chudacoff v. Univ. Med. Ctr. of S. Nev., 649 F.3d 1143, 1149 (9th Cir. 2011) (elements of § 1983 action); Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (though pro se pleadings are to be liberally construed, a plaintiff must still present factual allegations sufficient to state a plausible claim for relief).

AFFIRMED.