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Ahadi Muhammad v. City of Long Beach
690 F. App'x 1015
| 9th Cir. | 2017
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*1 Before: REINHARDT, LEAVY, and NGUYEN, Circuit Judges.

Ahadi Abu-al Muhammad, a.k.a Onofre Tommy Serrano, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various claims stemming from his arrest and detainment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Resnick v. Hayes , 213 F.3d 443, 447 *2 (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington , 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)). We reverse and remand.

Dismissal of Muhammad’s action was premature because the allegations that Muhammad was stopped and arrested based on Muhammad’s race, liberally construed, are “sufficient to warrant ordering [defendants] to file an answer.” Wilhelm v. Rotman , 680 F.3d 1113, 1116 (9th Cir. 2012). We reverse the judgment and remand for further proceedings.

REVERSED and REMANDED.

2 16-55730

[*] 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).

Case Details

Case Name: Ahadi Muhammad v. City of Long Beach
Court Name: Court of Appeals for the Ninth Circuit
Date Published: May 17, 2017
Citation: 690 F. App'x 1015
Docket Number: 16-55730
Court Abbreviation: 9th Cir.
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