Burk Ashford v. Alex Padilla

678 F. App'x 557

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 24, 2017
• Docket: 15-17417
• Status: Unpublished

Opinion

MEMORANDUM ***

Burk N. Ashford, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process violations arising from his California trademark renewal application. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(6). Rhoades v. Avon Prods., Inc., 504 F.3d 1151, 1156 (9th Cir. 2007). We affirm.

The district court properly dismissed Ashford’s due process claim because Ash-ford failed to allege facts sufficient to establish a deprivation of a constitutionally protected property interest. See Wright v. Riveland, 219 F.3d 905, 913 (9th Cir. 2000) (setting forth elements of a procedural due process claim).

To the extent that Ashford claimed he was entitled to trademark renewal under California law, the district court did not abuse its discretion by declining to exercise supplemental jurisdiction over this state law claim. See Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350, 108 S.Ct. 614, 98 L.Ed.2d 720 (1988)) (where all federal claims are eliminated before trial, courts generally should decline to exercise supplemental jurisdiction over remaining state law claims); Tritchler v. County of Lake, 358 F.3d 1150, 1153 (9th Cir. 2004) (setting forth standard of review).

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Ashford’s request for judicial notice and motion for sanctions, filed on October 27, 2016, are denied.

AFFIRMED.

*** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.