Dennis Ball v. City of Peoria, et al, No. 09-17184 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 28 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DENNIS ANDREW BALL, personally and as Benefactor of the Eleanor R. Ball IrreLvg Trust 05/10/01, No. 09-17184 D.C. No. 2:09-cv-00635-LOA Plaintiff - Appellant, MEMORANDUM * v. CITY OF PEORIA, Both generally and severally and CITY OF PEORIA POLICE DEPARTMENT, Both generally and severally, Defendants - Appellees. Appeal from the United States District Court for the District of Arizona Lawrence O. Anderson, Magistrate Judge, Presiding ** Submitted March 8, 2011 *** * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The parties consented to the jurisdiction of the magistrate judge. See 28 U.S.C. § 636(c). The panel unanimously concludes this case is suitable for decision without oral argument, and therefore denies Ball s request. See Fed. R. App. P. 34(a)(2). *** Before: FARRIS, O SCANNLAIN, and BYBEE, Circuit Judges. Dennis Andrew Ball appeals pro se from the district court s judgment dismissing his diversity action against the City of Peoria and its police department. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Doe v. Abbott Labs., 571 F.3d 930, 933 (9th Cir. 2009). We affirm. The district court properly concluded that Ball s state law claims were barred by Arizona s Public Entity Notice of Claim Statute because he failed to file a notice of claim containing facts sufficient to permit the public entity or public employee to understand the basis upon which liability is claimed. Ariz. Rev. Stat. § 12-821.01(A); see also Deer Valley Unified Sch. Dist. No. 97 v. Houser, 152 P.3d 490, 492 (Ariz. 2007) (requiring strict compliance with the statutory requirements of § 12-821.01(A)). Ball s remaining contentions are unpersuasive. The Clerk shall file the reply brief submitted on December 20, 2010. AFFIRMED. 2 09-17184

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