FILED
NOT FOR PUBLICATION NOV 20 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MILAUDI KARBOAU, No. 11-35987
Plaintiff - Appellant, D.C. No. 6:11-cv-00679-JO
v.
MEMORANDUM *
CITY OF PORTLAND; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Oregon
Robert E. Jones, District Judge, Presiding
Submitted November 13, 2012 **
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Former federal detainee Milaudi Karboau appeals pro se from the district
court’s judgment dismissing his action under the Alien Tort Statute, 28 U.S.C.
§ 1350, alleging violations of Article 36 of the Vienna Convention on Consular
*
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).
Relations. 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. 1998) (order). We affirm.
The district court properly dismissed Karboau’s action because Article 36 of
the Vienna Convention on Consular Relations does not create a private right of
action. See Cornejo v. County of San Diego, 504 F.3d 853, 855 (9th Cir. 2007)
(“Article 36 does not create judicially enforceable rights.”).
The district court did not abuse its discretion in dismissing without leave to
amend because the complaint cannot be cured by amendment. See Lopez v. Smith,
203 F.3d 1122, 1130-31 (9th Cir. 2000) (en banc) (setting forth standard of review
and explaining that leave to amend should be given unless the deficiencies in the
complaint cannot be cured by amendment).
AFFIRMED.
2 11-35987