ELLIS v. CIRCLE STORES INC (2021)

MEMORANDUM **

Gregory Micheal Ellis appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional claims. 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, 1112 (9th Cir. 2012). We may affirm on any basis supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008). We affirm.

The district court properly dismissed Ellis's claims against defendants Circle K Stores Inc. and Phoenix Municipal Court because Ellis failed to allege facts sufficient to state a plausible claim. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief); see also Tsao v. Desert Palace, Inc., 698 F.3d 1128, 1139 (9th Cir. 2012) (a private entity is liable under § 1983 only if the entity acted under color of state law); Simmons v. Sacramento Cty. Superior Court, 318 F.3d 1156, 1161 (9th Cir. 2003) (state courts, as an arm of state government, have Eleventh Amendment immunity).

Dismissal of Ellis's claims against defendants Phoenix Police Department and Phoenix District Attorney's Office was proper because Ellis failed to allege facts sufficient to show that he suffered a constitutional violation as a result of an official policy or custom. See Castro v. County of Los Angeles, 833 F.3d 1060, 1073-76 (9th Cir. 2016) (en banc) (discussing requirements to establish municipal liability).

We reject as unpersuasive Ellis's contention that the district judge erred by dismissing his action without oral argument.

AFFIRMED.