James Brown v. James E Brown and Associates

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 30 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JAMES EARL BROWN, No. 15-56317 Plaintiff-Appellant, D.C. No. 2:14-cv-08841-JAK v. MEMORANDUM* JAMES E BROWN AND ASSOCIATES, APC, a California Corporation; et al., Defendants-Appellees. Appeal from the United States District Court for the Central District of California John A. Kronstadt, District Judge, Presiding Submitted May 24, 2017** Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON, Circuit Judges. James Earl Brown, a disbarred California attorney, appeals pro se from the district court’s judgment in his action alleging federal and state law claims arising from his former law practice. We have jurisdiction under 28 U.S.C. § 1291. We * 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). review de novo a dismissal under Fed. R. Civ. P. 12(b)(6). Kneivel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). We affirm. The district court properly dismissed Brown’s action because Brown 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 to be construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief). 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). All pending requests and motions are denied. AFFIRMED. 2 15-56317