Morley v. Lewis

Full title: James A. MORLEY, Plaintiff-Appellant, v. Samuel LEWIS, Director; Richard…

Court: United States Court of Appeals, Ninth Circuit

Date published: May 2, 2000

217 F.3d 845 (9th Cir. 2000)

Opinion

217 F.3d 845 (9th Cir. 2000) James A. MORLEY, Plaintiff-Appellant, v. Samuel LEWIS, Director; Richard Massey, Investigator III; Diane Dunn, CRN; Charlette O'Neil, LPN; Antonio Dimaano, Dr., Defendants-Appellees. No. 96-15820. United States Court of Appeals, Ninth Circuit May 2, 2000

Submitted April 17, 2000. ²

2 The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

D.C. No. CV-96-00289-WPC

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the District of Arizona, William P. Copple, District Judge, Presiding.

Before KOZINSKI, RYMER, and FISHER, Circuit Judges.

MEMORANDUM ¹

1 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

James Morley appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action pursuant to 28 U.S.C. § 1915(d). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion the district court's dismissal frivolousness, see Denton v. Hernandez, 504 U.S. 25, 33 (1992), and we affirm.

We conclude that the district court properly dismissed Morley's action alleging that prison officials violated state law by drawing his blood for deoxyribonucleic acid testing because section 1983 does not provide a cause of action for violations of state law. See Lovell v. Poway Unified Sch. Dist., 90 F.3d 367, 370 (9th Cir.1996).

AFFIRMED.