Free Mandate of 9th Circuit - District Court of Arizona - Arizona

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UNITED STATES COURT OF APPEALS 0-0- 000PT 0P APPEALS
FOR THE NINTH CIRCUIT y
CHRISTOPHER J. MCNAUGHTON, No. 05-16322
Plaintiff - Appellant, D.C. N0. CV-02-02469-JAT
V. I i
A MEMoRANDUM"
UDC HOMES INC., a Delaware
Corporation; et al.,
Defendants — Appellees,
Appeal from the United States District Court
for the District of Arizona
_ James A. Teilborg, District Judge, Presiding
A submitted June I2, 2006**
Before: WALLACE, KLEINFELD, and BERZON, Circuit Judges.
Christopher J. McNaughton appeals pro se from the district court’s
judgment dismissing his 42 U.S.C. § 1983 action which arise from the purchase of l
* This disposition is not appropriate for publication and may not be
cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
`°* The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
I Case 2:02—cv—02469-JAT Document 37-2 Filed 08/15/2006 Page 1 of 2

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his property from UDC Homes ("UDC"). We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo a dismissal for lack of subject matter jurisdiction.
Rivera v. United States, 924 F.2d 948, 950 (9th Cir. 1991). We affirm.
McNaughton alleged that UDC conspired with the State OfA1iZOH& and the
City of Phoenix to engage in "witness tampering" and deprive him of his
constitutional rights. _The district court properly dismissed McNaughton’s action
for lack of subject matter jurisdiction under 28 U.S.C. § 1331, because
McNaughton does not allege any affirmative acts taken by the UDC in furtherance
of a conspiracy, or any other act under color of law that deprived him of his rights.
See Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) ("A .
_ plaintiff must allege facts, not simply conclusions, that show that an individual
was personally involved in the deprivation of his civil rights.").
McNaughton’s remaining contentions lack merit.
AFFIRIVIED. _
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Case 2:02-cv-02469-JAT

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Case 2:02-cv-02469-JAT

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