Ferrando v. Commissioner of Social Security Administration
449 F. App'x 610
9th Cir.
2011
Check Treatment
Docket

*3 may an ALJ (noting that SILVERMAN, THOMAS, Before: on discred opinion based reject a medical CLIFTON, Circuit Judges. Finally, majori self-reporting). ited “the ignores completely ty’s conclusion non-disability continuing presumption prisoner California non-disability” finding from the arising se from the dis- appeals pro Jr. earlier claim. See Chavez in Ferrando’s dismissing his trict *4 F.2d § action for failure to state U.S.C. denying Because ALJ’s jurisdiction pursuant claim. evi- by substantial is § 1291. We 28 U.S.C. majority’s analysis and because dismissal of Johnson’s district precedent, governing with our conflicts amend under without leave to plaint the reversal and 1915A(a). dissent respectfully from Hayes, 213 § v. Resnick U.S.C. remand. We affirm. allege facts demon- Johnson acted with intent strating that Defendant him on the basis of against discriminate class. any protected membership Helens, 425 F.3d City St. Thornton Cir.2005) alleging (plaintiff “must show equal protection violation an an intent or with the defendants acted against plain- to discriminate purpose JOHNSON, Anthony Wayne membership protected in a upon tiff Jr., Plaintiff-Appellant, (internal cita- marks and class” omitted)). tions did not abuse Finally, the district court Anthony CATE; Hedgpeth, Matthew motion Johnson’s denying discretion in its Defendants-Appellees. 59(e) and Rule alter the under under Rule complaint an amended allow 1J, 15(a). Multnomah Sch. Dist. No. See States Court United Inc., ACandS, Cnty., Or. require (listing 11, 2011.* Submitted Aug. Rule reconsideration ments 59(e)). AFFIRMED. Jr., Soledad, CA, pro se. disposition is not unanimously concludes this case panel except as precedent argument. oral for decision without suitable 34(a)(2). by 9th Cir. R. 36-3. R.App. Fed. P.

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