Taniela Kivalu v. Northcentral University

FILED NOT FOR PUBLICATION JUN 30 2023 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT TANIELA F. KIVALU, No. 21-16811 Plaintiff-Appellant, D.C. No. 2:21-cv-00379-SPL v. MEMORANDUM* NORTHCENTRAL UNIVERSITY; TRUSTEE BOARD MEMBERS OF NORTHCENTRAL UNIVERSITY; MICHAEL CAHILL; SAM BARSTOSKY; U.S. DEPARTMENT OF EDUCATION; UNITED STATES CREDIT BUREAUS; UNKNOWN PARTIES, named as Others, Defendants-Appellees. Appeal from the United States District Court for the District of Arizona Steven Paul Logan, District Judge, Presiding Submitted June 26, 2023** Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges. Taniela F. Kivalu appeals pro se from the district court’s judgment * 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). dismissing his action alleging federal disability discrimination 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). Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). We affirm. The district court properly dismissed Kivalu’s action because Kivalu failed to allege facts sufficient to state a plausible claim for relief. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief). We do not consider matters not specifically and distinctly raised and argued in the opening brief, or 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 21-16811