Wayne v. Johnson

Full title: Kenneth WAYNE, in his contracted capacity as Power of Attorney in Fact…

Court: United States Court of Appeals, Ninth Circuit

Date published: Oct 11, 2002

48 F. App'x 679 (9th Cir. 2002)

Opinion

48 Fed.Appx. 679 (9th Cir. 2002) Kenneth WAYNE, in his contracted capacity as Power of Attorney in Fact, Plaintiff--Appellant, v. C. JOHNSON, c/o Tacoma Police Department; et al., Defendants--Appellees. No. 02-35393. D.C. No. CV-02-05146-FDB. United States Court of Appeals, Ninth Circuit. Oct. 11, 2002

Submitted Oct. 7, 2002. ^*

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Western District of Washington, Franklin D. Burgess, District Judge, Presiding.

Before FERNANDEZ, GRABER, and GOULD, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Kenneth Wayne appeals pro se the district court's judgment dismissing for lack of standing his 42 U.S.C. § 1983 action alleging police officers and various local officials violated Thomas and Samuel Newcombs' constitutional rights. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a district court's dismissal for lack of standing. Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir.1997). We affirm.

A power of attorney does not confer standing to assert another party's constitutional claims or authority to represent another party in court. See id. Therefore, the district court properly dismissed for lack of standing.

AFFIRMED.