Roy Cheesman v. Usdhs

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 22 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ROY D. CHEESMAN, No. 20-35845 Plaintiff-Appellant, D.C. No. 1:20-cv-03054-SAB v. MEMORANDUM* U.S. DEPARTMENT OF HOMELAND SECURITY, Transportation Security Administration, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of Washington Stanley A. Bastian, District Judge, Presiding Submitted March 16, 2021** Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges. Roy D. Cheesman appeals pro se from the district court’s judgment dismissing his action arising out of the screening of his luggage by Transportation and Security Administration officials and the seizure of his handgun by customs * 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). agents in the Philippines. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii). Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). We affirm. The district court properly dismissed Cheesman’s action because Cheesman failed to allege facts sufficient to state a plausible claim. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (to avoid dismissal, “a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face” (citation and internal quotation marks omitted)). The district court did not abuse its discretion in denying Cheesman’s motion for reconsideration because Cheesman failed to demonstrate any basis for relief. See Sch. Dist. No. 1J Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth standard of review and grounds for reconsideration). AFFIRMED. 2 20-35845