Marina Austin v. Christopher Orman; Michael Lessmeier

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARINA AUSTIN,
Plaintiff-Appellant,
v.
CHRISTOPHER ORMAN; MICHAEL
LESSMEIER,
Defendants-Appellees.
No. 16-35269
D.C. No. 1:16-cv-00007-SLG
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
Sharon L. Gleason, District Judge, Presiding
Submitted August 9, 2017**
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
Marina Austin appeals pro se from the district court’s judgment dismissing
her 42 U.S.C. § 1983 action alleging constitutional violations arising from injuries
sustained while riding on a bus. 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.
* 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 16 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-35269
Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm.
The district court properly dismissed the action because Austin failed to
allege facts sufficient to show that defendants Orman and Lessmeier personally
participated in the alleged rights deprivation. See Jones v. Williams, 297 F.3d 930,
934 (9th Cir. 2002) (liability under § 1983 requires personal participation by the
defendant).
All pending motions and requests are denied.
AFFIRMED.

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