Unpublished Disposition, 889 F.2d 1096 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 889 F.2d 1096 (9th Cir. 1989)

Joe Allen ROBLES, Plaintiff-Appellant,v.J.D. BYRD, Defendant-Appellee.

No. 88-15508.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 4, 1989.* Decided Nov. 17, 1989.

Before ALARCON, O'SCANNLAIN and LEAVY, Circuit Judges.


Joe Allen Robles, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 (1982) action as frivolous. Our review is de novo. Wood v. Ostrander, 879 F.2d 583, 586 (9th Cir. 1989). We affirm.

To state a cause of action under section 1983, Robles must allege that a person acting under color of state law violated his federal constitutional or statutory rights. Rinker v. County of Napa, 831 F.2d 829, 831 (9th Cir. 1987). He must support his allegations with specific facts. See Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1370 (9th Cir. 1987).

Robles' entire statement of his claim is:

The policies In C-B-2-P-C runing a-round lieing on P-C's an the one the hate they right-ups for nothing, A.S.P. hate prisoners an A.S.P. is races to human mans, racial discrimation, false arrest P-C's prisoners he have save a right-up all day he sick polices worker an peep in men shower, (sic passim).

We conclude that Robles' complaint fails to allege that any person deprived him of federal constitutional or statutory rights. We agree with the district court that the complaint lacks cogency and meaning and was properly dismissed as frivolous pursuant to 28 U.S.C. § 1915(d) (1982). See Tripati, 821 F.2d at 1370. There was no need to allow Robles to amend his complaint because the deficiencies in the complaint could not be cured by amendment. See id. (citing Franklin v. Murphy, 745 F.2d 1221, 1228 n. 9 (9th Cir. 1984).



The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed. R. App. P. 34(a), Ninth Circuit Rule 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3