Opinion
No. 17-15089
10-03-2017
WALTER TRIPP, Plaintiff-Appellant, v. CONNIE S. BISBEE; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 3:15-cv-00030-RCJ-VPC MEMORANDUM Appeal from the United States District Court for the District of Nevada
Robert Clive Jones, District Judge, Presiding Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Walter Tripp, a Nevada state prisoner, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated his equal protection rights in connection with parole hearings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915A. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012). We affirm.
The district court properly dismissed Tripp's action because Tripp failed to allege facts sufficient to show that he was "intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment." Vill. of Willowbrook v. Olech, 528 U.S. 562, 564 (2000) (per curiam) (elements of "class of one" equal protection claim); Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are to be construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief).
Tripp's request that this court order parole and probation to make Tripp's parole file available, set forth in his opening brief, is denied.
AFFIRMED.