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Paul Nivard BEATON, Plaintiff-Appellant, v. U.S. IMMIGRATION, SACRAMENTO FIELD OFFICE; Immigration and Customs Enforcement, Sacramento Field Office, Defendants-Appellees.
MEMORANDUM **
California state prisoner Paul Nivard Beaton 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 the district court's dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.
The district court properly dismissed Beaton's action because Beaton 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 allege facts sufficient to state a plausible claim); see also Christopher v. Harbury, 536 U.S. 403, 415, 122 S.Ct. 2179, 153 L.Ed.2d 413 (2002) (requirements for denial of access to courts claim); Krainski v. Nev. ex rel. Bd. of Regents of Nev. Sys. of Higher Educ., 616 F.3d 963, 970 (9th Cir. 2010) (a claim for procedural due process requires a “deprivation of a constitutionally protected liberty or property interest”).
Beaton's motion to include exhibits with his opening brief (Docket Entry No. 16) is granted.
AFFIRMED.
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Docket No: No. 20-16370
Decided: September 22, 2021
Court: United States Court of Appeals, Ninth Circuit.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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