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NOT FOR PUBLICATION FILED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