Ahadi Muhammad v. City of Long Beach

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 17 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT AHADI ABU-AL MUHAMMAD, AKA No. 16-55730 Onofre Tommy Serrano, D.C. No. 2:13-cv-00208-AB-PLA Plaintiff-Appellant, v. MEMORANDUM* CITY OF LONG BEACH; et al., Defendants-Appellees. Appeal from the United States District Court for the Central District of California Andre Birotte, Jr., District Judge, Presiding Submitted May 8, 2017** Before: REINHARDT, LEAVY, and NGUYEN, Circuit Judges. Ahadi Abu-al Muhammad, a.k.a Onofre Tommy Serrano, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various claims stemming from his arrest and detainment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 * 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). (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 reverse and remand. Dismissal of Muhammad’s action was premature because the allegations that Muhammad was stopped and arrested based on Muhammad’s race, liberally construed, are “sufficient to warrant ordering [defendants] to file an answer.” Wilhelm v. Rotman, 680 F.3d 1113, 1116 (9th Cir. 2012). We reverse the judgment and remand for further proceedings. REVERSED and REMANDED. 2 16-55730