Paul Beaton v. U.S. Immigration

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 22, 2021
• Docket: 20-16370
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 22 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

PAUL NIVARD BEATON, No. 20-16370

Plaintiff-Appellant, D.C. No. 2:19-cv-02039-TLN-CKD

v. MEMORANDUM* U.S. IMMIGRATION, Sacramento Field Office; IMMIGRATION AND CUSTOMS ENFORCEMENT, Sacramento Field Office,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding

Submitted September 14, 2021**

Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.

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

* 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). 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 (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.

2 20-16370