NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL B. WILLIAMS, No. 16-17263
Plaintiff-Appellant, D.C. No. 1:16-cv-00908-MJS
v.
MEMORANDUM*
ARCELIA CASTANEDA, Psychiatric
Technician,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of California
Michael J. Seng, Magistrate Judge, Presiding**
Submitted March 8, 2017***
Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
Michael B. Williams, a pre-trial civil detainee under California’s Sexually
Violent Predators Act, appeals pro se from the district court’s judgment dismissing
his 42 U.S.C. § 1983 action alleging constitutional violations. We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
Williams consented to proceed before a magistrate judge. See 28
U.S.C. § 636(c).
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28
U.S.C. § 1915(e)(2)(ii), Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir.
2005), and we affirm.
The district court properly dismissed Williams’s action because Williams
failed to allege facts sufficient to state any plausible claim. See Hebbe v. Pliler,
627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are liberally
construed, a plaintiff must allege facts sufficient to state a plausible claim); Rhodes
v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005) (elements of retaliation claim in
prison context); Portman v. County of Santa Clara, 995 F.2d 898 (9th Cir. 1993)
(elements of procedural due process claim).
We reject as without merit Williams’s contentions that he was held to a
higher pleading standard.
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 16-17263