Jimmy Lee Davis v. KILOLO KIJAKAZI, Acting Commissioner of Social Security;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JIMMY LEE DAVIS,
Plaintiff-Appellant,
v.
KILOLO KIJAKAZI, Acting Commissioner
of Social Security; et al.,
Defendants-Appellees.
No. 21-15338
D.C. No. 3:20-cv-05805-JD
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
James Donato, District Judge, Presiding
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
Jimmy Lee Davis appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging various claims. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28
U.S.C. § 1915(e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.
* 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).
FILED
AUG 26 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-15338
1998) (order). We affirm.
The district court properly dismissed Davis’s action because Davis failed to
allege facts sufficient to state a plausible claim. See Ashcroft v. Iqbal, 556 U.S.
662, 678 (2009) (a plaintiff must allege facts that “allow[ ] the court to draw the
reasonable inference that the defendant is liable for the misconduct alleged”).
Davis’s motion to proceed in forma pauperis (Docket Entry No. 3) is denied
as unnecessary because his in forma pauperis status continues in this court. All
other pending motions are denied.
AFFIRMED.

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