FILED
NOT FOR PUBLICATION APR 05 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MOHAMED AHMED, No. 08-35848
Plaintiff - Appellant, D.C. No. 2:08-cv-00221-JLR
v.
MEMORANDUM *
EVERGREEN WATER SEWER
DISTRICT 19; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Western District of Washington
James L. Robart, District Judge, Presiding
Submitted March 16, 2010 *
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Mohamed Ahmed appeals pro se from the district court’s judgment
dismissing with prejudice his 42 U.S.C. § 1983 action. We have jurisdiction
*
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).
RA/Research
pursuant to 28 U.S.C. § 1291. We review for an abuse of discretion, Yourish v.
Cal. Amplifer, 191 F.3d 983, 986 (9th Cir. 1999), and we affirm.
Because the district court properly dismissed Ahmed’s federal claims under
Federal Rule of Civil Procedure 12(b)(6) and Ahmed failed to amend the complaint
after obtaining leave to do so, dismissal of the complaint with prejudice was not an
abuse of discretion. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-63 (9th Cir.
1992) (discussing factors to determine whether dismissal for failure to amend was
an abuse of discretion); Balistreri v. Pacifica Police Dept, 901 F.2d 696, 699 (9th
Cir. 1990). To the extent Ahmed raises any state law claims, the district court did
not abuse its discretion when it declined to exercise supplemental jurisdiction. See
28 U.S.C. § 1367(c)(3).
Finally, we grant Appellees’ motion to strike.
AFFIRMED.
RA/Research 2 08-35848