FILED
NOT FOR PUBLICATION MAY 25 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MANUEL F. MARQUES, No. 11-16036
Plaintiff - Appellant, D.C. No. 2:08-cv-00656-RLH-RJJ
v.
MEMORANDUM *
DWIGHT NEVEN; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Roger L. Hunt, District Judge, Presiding
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Nevada state prisoner Manuel F. Marques appeals pro se from the district
court’s judgment dismissing his action alleging constitutional violations in
connection with a prison disciplinary conviction. We have jurisdiction under 28
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A for
failure to state a claim. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011). We
affirm.
The district court properly dismissed without prejudice Marques’ fourth
amended complaint because Marques failed to allege facts sufficient to support his
claims. See Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009) (to avoid dismissal, a
plaintiff must allege more than “labels and conclusions” or “naked assertion[s]” in
support of his claims (citation and internal quotation marks omitted)).
AFFIRMED.
2 11-16036