JIMMY DAVIS V. KILOLO KIJAKAZI, No. 21-15338 (9th Cir. 2021)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED AUG 26 2021 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JIMMY LEE DAVIS, U.S. COURT OF APPEALS No. 21-15338 Plaintiff-Appellant, v. D.C. No. 3:20-cv-05805-JD MEMORANDUM* KILOLO KIJAKAZI, Acting Commissioner of Social Security; et al., Defendants-Appellees. Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding Submitted August 17, 2021** Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges. Jimmy Lee Davis appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various claims. 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. Harrington, 152 F.3d 1193, 1194 (9th Cir. * 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). 1998) (order). We affirm. The district court properly dismissed Davis’s action because Davis failed to allege facts sufficient to state a plausible claim. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (a plaintiff must allege facts that “allow[ ] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged”). Davis’s motion to proceed in forma pauperis (Docket Entry No. 3) is denied as unnecessary because his in forma pauperis status continues in this court. All other pending motions are denied. AFFIRMED. 2 21-15338

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