Ikemefula Ibeabuchi v. Banicki

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 31, 2018
• Docket: 18-16309
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 31 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

IKEMEFULA CHARLES IBEABUCHI, No. 18-16309 AKA Charles Ikemefula Ibeabuchi, D.C. No. 2:17-cv-04577-JAT-JZB Plaintiff-Appellant,

v. MEMORANDUM*

BANICKI, Officer/ Sheriff’s Deputy B3339 (Unit 4E) at 4th Avenue Jail; VAIL, Jail Commander/ Supervisor A8985 at 4th Avenue Jail,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona James A. Teilborg, District Judge, Presiding

Submitted October 22, 2018**

Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.

Arizona state prisoner Ikemefula Charles Ibeabuchi, AKA Charles

Ikemefula Ibeabuchi, appeals pro se from the district court’s judgment dismissing

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). his 42 U.S.C. § 1983 action alleging various constitutional violations. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28

U.S.C. § 1915A. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012). We

affirm.

The district court properly dismissed Ibeabuchi’s action because Ibeabuchi

failed to allege facts sufficient to state a plausible claim for relief. See Hebbe v.

Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are to be

construed liberally, a plaintiff must present factual allegations sufficient to state a

plausible claim for relief); see also Lopez v. Dep’t of Health Servs., 939 F.2d 881,

883 (9th Cir. 1991) (setting forth elements of a § 1983 claim).

We do not consider documents not presented to the district court. See

United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts not

presented to the district court are not part of the record on appeal.”).

AFFIRMED.

2 18-16309