NEBMAIER v. JOSEPHINE COUNTY 301 1862 (2019)

MEMORANDUM **

Wolfgang Nebmaier appeals pro se from the district court's judgment dismissing his action alleging claims under the Morrill Act of 1862, 7 U.S.C. § 301. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii) ). We affirm.

The district court properly dismissed Nebmaier's action because the Morrill Act of 1862 does not provide a private right of action. See UFCW Local 1500 Pension Fund v. Mayer, 895 F.3d 695, 698-99 (9th Cir. 2018) (setting forth circumstances under which the court may interpret a private right of action, and explaining that a private right of action requires evidence of a congressional intent to create a private right and a private remedy).

Nebmaier's request to strike defendant's answering brief, set forth in his reply brief, is denied.

Defendant's pending motion (Docket Entry No. 15) is denied.

AFFIRMED.