MARINA AUSTIN V. CHRISTOPHER ORMAN, No. 16-35269 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED AUG 16 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT MARINA AUSTIN, U.S. COURT OF APPEALS No. 16-35269 Plaintiff-Appellant, D.C. No. 1:16-cv-00007-SLG v. MEMORANDUM* CHRISTOPHER ORMAN; MICHAEL LESSMEIER, Defendants-Appellees. Appeal from the United States District Court for the District of Alaska Sharon L. Gleason, District Judge, Presiding Submitted August 9, 2017** Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges. Marina Austin appeals pro se from the district court’s judgment dismissing her 42 U.S.C. § 1983 action alleging constitutional violations arising from injuries sustained while riding on a bus. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii), Barren v. * 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). Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm. The district court properly dismissed the action because Austin failed to allege facts sufficient to show that defendants Orman and Lessmeier personally participated in the alleged rights deprivation. See Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (liability under § 1983 requires personal participation by the defendant). All pending motions and requests are denied. AFFIRMED. 2 16-35269

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