Opinion
No. 65704
05-20-2015
RONALD MONROE, Appellant, v. STATE OF NEVADA, EX REL. NEVADA DEPARTMENT OF CORRECTIONS; C/O WOODRUFF; AND WARDEN LEGRAND, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court order dismissing a civil rights and tort complaint. First Judicial District Court, Carson City; James E. Wilson, Judge.
Having considered the appeal statement and the record, we conclude that appellant's complaint was properly dismissed. Buzz Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 227-28, 181 P.3d 670, 672 (2008) (reviewing de novo a district court order granting an NRCP 12(b)(5) motion, and noting that in order to survive dismissal, a complaint must contain some "set of facts, which, if true, would entitle [the plaintiff] to relief"); see Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004) (recognizing that a court is not required "to accept legal conclusions cast in the form of factual allegations if those conclusions cannot reasonably be drawn from the facts alleged" (internal quotation omitted)); see also Angel v. Cruse, 130 Nev. Adv. Op. No. 25, 321 P.3d 895, 898 (2014) (setting forth the elements necessary to establish a First Amendment retaliation claim); Turner v. Mandalay Sports Entm't, LLC, 124 Nev. 213, 217, 180 P.3d 1172, 1175 (2008) (setting forth the elements necessary to establish a negligence claim); Thornton v. City of St. Helens, 425 F.3d 1158, 1166-67 (9th Cir. 2005) (explaining that a plaintiff suing for racial discrimination must allege facts showing that the defendant acted with discriminatory intent or purpose); Sprouse v. Babcock, 870 F.2d 450, 452 (8th Cir. 1989) (filing of false disciplinary charges is not a constitutional violation unless charges were filed in retaliation for filing a grievance). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. James E. Wilson, District Judge
Ronald Monroe
Attorney General/Carson City
Carson City Clerk