RONALD MARTIN V. WASHINGTON STATE DEPARTMENT OF, No. 18-35768 (9th Cir. 2019)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FEB 21 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT RONALD BROWNELL MARTIN, Plaintiff-Appellant, U.S. COURT OF APPEALS No. 18-35768 D.C. No. 2:18-cv-00741-RAJ v. MEMORANDUM* WASHINGTON STATE DEPARTMENT OF CORRECTIONS – EDUCATION; LONNIE ROBERTS, Correctional Program Manager, Defendants-Appellees. Appeal from the United States District Court for the Western District of Washington Richard A. Jones, District Judge, Presiding Submitted February 19, 2019** Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges. Washington state prisoner Ronald Brownell Martin appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action challenging his exclusion from community college classes. We have jurisdiction under 28 U.S.C. * 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). § 1291. We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We affirm. The district court properly dismissed Martin’s action because Martin failed to allege facts sufficient to show that he was deprived of a right secured by the Constitution and laws of the United States. See Chudacoff v. Univ. Med. Ctr. of S. Nev., 649 F.3d 1143, 1149 (9th Cir. 2011) (elements of § 1983 action); Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (though pro se pleadings are to be liberally construed, a plaintiff must still present factual allegations sufficient to state a plausible claim for relief). AFFIRMED. 2 18-35768

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