NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
AHADI ABU-AL MUHAMMAD, AKA No. 16-55730
Onofre Tommy Serrano,
D.C. No. 2:13-cv-00208-AB-PLA
Plaintiff-Appellant,
v. MEMORANDUM*
CITY OF LONG BEACH; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
Andre Birotte, Jr., District Judge, Presiding
Submitted May 8, 2017**
Before: REINHARDT, LEAVY, and NGUYEN, Circuit Judges.
Ahadi Abu-al Muhammad, a.k.a Onofre Tommy Serrano, appeals pro se
from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging
various claims stemming from his arrest and detainment. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo. Resnick v. Hayes, 213 F.3d 443, 447
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
(9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152
F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)).
We reverse and remand.
Dismissal of Muhammad’s action was premature because the allegations that
Muhammad was stopped and arrested based on Muhammad’s race, liberally
construed, are “sufficient to warrant ordering [defendants] to file an answer.”
Wilhelm v. Rotman, 680 F.3d 1113, 1116 (9th Cir. 2012). We reverse the
judgment and remand for further proceedings.
REVERSED and REMANDED.
2 16-55730