Case Information
*1 Before: CANBY, R. NELSON, and FORREST, Circuit Judges.
*2
Dwayne Cory Wallace, Jr., a state prisoner housed in Arizona, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal under 28 U.S.C. § 1915A. Wilhelm v. Rotman , 680 F.3d 1113, 1118 (9th Cir. 2012). We affirm.
The district court properly dismissed Wallace’s action because Wallace failed to allege facts sufficient to state any plausible claim. See 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); see also Farmer v. Brennan , 511 U.S. 825, 837 (1994) (requirements for an Eighth Amendment violation in the prison context); Brodheim v. Cry , 584 F.3d 1262, 1269 (9th Cir. 2009) (requirements for a First Amendment retaliation claim in the prison context).
We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009). All pending requests are denied.
AFFIRMED.
2 23-3929
NOTES
[*] 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).