JANETTE GORDON V. UNITED STATES CUSTOMS AND BORD, No. 14-15661 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 17 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JANETTE L. GORDON, Plaintiff - Appellant, No. 14-15661 D.C. No. 4:13-cv-02370-DCB v. MEMORANDUM* UNITED STATES CUSTOMS AND BORDER PROTECTION, Defendant - Appellee. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted December 9, 2015** Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges. Janette L. Gordon appeals pro se from the district court’s judgment in her action arising from the impounding of her car. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). § 1915(e)(2)(B)(ii), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order), and we affirm. The district court properly dismissed Gordon’s action because the allegations in Gordon’s complaint failed to state a claim. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are to be liberally construed, a plaintiff must present factual allegations sufficient to state a plausible claim for relief). Moreover, to the extent that Gordon sought to bring an action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), no Bivens remedy is available against a federal agency. See W. Radio Servs. Co. v. U.S. Forest Serv., 578 F.3d 1116, 1119 (9th Cir. 2009). AFFIRMED. 2 14-15661