FILED
NOT FOR PUBLICATION MAR 21 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALBERT KARL HEITZMANN, No. 11-17999
Plaintiff - Appellant, D.C. No. 2:11-cv-00762-ECV
v.
MEMORANDUM *
CHARLES L. RYAN, Director,
Department of Corrections,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Arizona
Edward C. Voss, Magistrate Judge, Presiding **
Submitted March 12, 2013 ***
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Former Arizona state prisoner Albert Karl Heitzmann appeals pro se from
the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
Heitzmann consented to proceed before a magistrate judge. See 28
U.S.C. § 636(c).
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
process violations. We have jurisdiction under 28 U.S.C. § 1291. We review de
novo. Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir. 2005). We affirm.
The district court properly dismissed the action because Heitzmann failed to
allege facts in his amended complaint showing that defendant Ryan had any
involvement in the alleged constitutional deprivations. See Preschooler II v. Clark
Cnty. Sch. Bd. of Trs., 479 F.3d 1175, 1183 (9th Cir. 2007) (“[A] person ‘subjects’
another to the deprivation of a constitutional right, within the meaning of § 1983,
‘if he does an affirmative act, participates in another’s affirmative act, or omits to
perform an act which he is legally required to do that causes the deprivation of
which complaint is made.’” (citation omitted)).
To the extent that Heitzmann contends Ryan may be sued in his official
capacity for injunctive relief, we do not consider this argument because it was not
raised before the district court. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th
Cir. 2009) (per curiam).
AFFIRMED.