Robert Wooten v. State of California

FILED NOT FOR PUBLICATION MAR 30 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ROBERT WOOTEN, No. 09-15560 Plaintiff -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