A. Anderson v. Anthem Blue Cross

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 27 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT A. K. ANDERSON, No. 18-56172 Plaintiff-Appellant, D.C. No. 5:18-cv-01468-JGB-KES v. MEMORANDUM* ANTHEM BLUE CROSS; et al., Defendants-Appellees. Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding Submitted August 19, 2019** Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges. A. K. Anderson appeals pro se from the district court’s order dismissing without leave to amend his 42 U.S.C. § 1983 action alleging federal claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the denial of leave to amend. Cervantes v. Countrywide Home Loans, Inc., 656 F.3d * 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). 1034, 1041 (9th Cir. 2011). We affirm. The district court did not abuse its discretion by dismissing Anderson’s complaint without leave to amend because further amendment of Anderson’s claims would be futile. See id. (dismissal without leave to amend is proper if amendment would be futile); see also Canatella v. Van De Kamp, 486 F.3d 1128, 1132 (9th Cir. 2007) (two-year statute of limitations for § 1983 claims in California); Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004) (four-year statute of limitations for § 1981 claims). AFFIRMED. 2