FILED
NOT FOR PUBLICATION MAR 30 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERT WOOTEN, No. 09-15560
Plaintiff - Appellant, D.C. No. 2:08-cv-01311-LKK-
JFM
v.
STATE OF CALIFORNIA; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Lawrence K. Karlton, District Judge, Presiding
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Robert Wooten appeals pro se from the district court’s judgment dismissing
his 42 U.S.C. § 1983 action alleging that the defendants violated his First and
*
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).
tk/Research
Tenth Amendment rights by virtue of a California Supreme Court decision
legalizing same-sex marriage in California. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo an order granting a motion to dismiss. Sacks v. Office
of Foreign Assets Control, 466 F.3d 764, 770 (9th Cir. 2006). We affirm for the
reasons stated by the district court.
We do not consider Wooten’s arguments raised for the first time on appeal.
See Bias v. Moynihan, 508 F.3d 1212, 1223 (9th Cir. 2007).
Wooten’s remaining contentions are unpersuasive.
AFFIRMED.
tk/Research 2 09-15560