NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 17 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT AHADI ABU-AL MUHAMMAD, AKA No. 16-55730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
Ahadi Muhammad v. City of Long Beach
Court: Court of Appeals for the Ninth Circuit
Date filed: 2017-05-17
Citations: 690 F. App'x 1015
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