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Kellis v. Willard

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 17, 2019
No. 18-36058 (9th Cir. Dec. 17, 2019)

Opinion

No. 18-36058

12-17-2019

TIMOTHY ANDREW KELLIS, Plaintiff-Appellant, v. LEVI WILLARD, Corporal/Property Officer ISCC - individually and in their official capacity, Defendant-Appellee, and HENRY ATENCIO; et al., Defendants.


NOT FOR PUBLICATION

D.C. No. 3:18-cv-00081-BLW MEMORANDUM Appeal from the United States District Court for the District of Idaho
B. Lynn Winmill, District Judge, Presiding Before: WALLACE, CANBY, and TASHIMA, Circuit Judges.

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

Timothy Andrew Kellis, a Texas state prisoner formerly incarcerated in Idaho, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A). We affirm.

The district court properly dismissed Kellis's action because Kellis failed to allege facts sufficient to link defendant Willard to any constitutional violation. See Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir. 2011) (setting forth requirements for supervisory liability); see also Ashcroft v. Iqbal, 556 U.S. 662, 681 (2009) (conclusory allegations are not entitled to presumption of truth); 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).

The district court did not abuse its discretion by declining to exercise supplemental jurisdiction over Kellis's state law claims because Kellis failed to state a federal claim. See Ove v. Gwinn, 264 F.3d 817, 821, 826 (9th Cir. 2001) (setting forth standard of review and explaining that a district court may decline to exercise supplemental jurisdiction over related state law claims once it has dismissed all claims over which it has original jurisdiction).

AFFIRMED.


Summaries of

Kellis v. Willard

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 17, 2019
No. 18-36058 (9th Cir. Dec. 17, 2019)
Case details for

Kellis v. Willard

Case Details

Full title:TIMOTHY ANDREW KELLIS, Plaintiff-Appellant, v. LEVI WILLARD…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Dec 17, 2019

Citations

No. 18-36058 (9th Cir. Dec. 17, 2019)