Buck Moore v. Jordet

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT APR 23 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS BUCK DANIEL MOORE, No. 12-35270 Plaintiff - Appellant, D.C. No. 3:11-cv-01376-AC v. MEMORANDUM * JORDET; et al., Defendants - Appellees. Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, District Judge, Presiding Submitted April 16, 2013 ** Before: CANBY, IKUTA, and WATFORD, Circuit Judges. Oregon state prisoner Buck Daniel Moore appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations concerning his conditions of confinement. We have jurisdiction under * 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). 28 U.S.C. § 1291. We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)). We affirm. The district court properly dismissed Moore’s action because the amended complaint did not “contain[] enough facts to state a claim to relief that is plausible on its face.” Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (citation and internal quotation marks omitted) (noting obligation to construe pro se pleadings liberally). Moore’s request for appointment of counsel is denied. AFFIRMED. 2 12-35270