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

UNITED STATES COURT OF APPEALS
FOR THE NINTI-I CIRCUIT
RANDY TRIMBLE, N0. 04-17509
D.C. No. CV-O4-00124-PGR
Plaintiff - Appellant,
v.
JUDGMENT
ARIZONA CHILD PROTECTIVE
SERVICES; et al.,
Defendants - Appellees.
Appeal from the United States District Court for the District of Arizona
(Phoenix). U
This cause came on to be heard on the Transcript of the Record from the
United States District Court for the District of Arizona (Phoenix) and was duly
submitted.
On consideration whereof} it is now here ordered and adjudged by this
Court, that the judgment of the said District Court in this cause be, and hereby is A
AFFIRMED. A
Filed and entered Tuesday, September 20, 2005
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Case 2:04—cv—00124-PGR-—DKD Document 31 Filed 10/20/2005 Page 1 of 4

A Q , I 0 [ If
NOT Porn PUBL1cAT1o1~z SEP 20 2005
UNITED STATES couar o1= APPEALS °”'€·'H5<$°¤°`¤irT . FOR THE NINTH CIRCUIT
RANDY TRIMBLE, No. 04—17509
_ Plaintiff-Appellant, D.C. No. CV-04-00124-PGR
v.
MEMORANDUM" .
ARIZONA CHILD PROTECTIVE
SERVICES; etal.,
Defendants-Appellees. ·
l Appeal from the UnitedStates District Court
for the District of Arizona
Paul G. Rosenblatt, District Judge, Presiding
I Submitted September 12, 2005 ‘*
Before: REINHARDT, RYMER, and HAWKINS, Circuit Judges.
Randy Trimble, an Arizona state prisoner, appeals pro Se the district court’s
dismissal of his 42 U.S.C. § 1983 action alleging that his daughter was denied S
* 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). _
Case 2:04—cv—00124-PGR--DKD Document 31 Filed 10/20/2005 Page 2 of 4

state services. We have jurisdiction under 28 U.S.C. § 1291. We review de novo
dismissals under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th
Cir. 2000), and we affirm. 8
In his third amended complaint, Trimble alleged that Arizona authorities
failed to cooperate in a Pennsylvania criminal investigation relating to alleged
abuse of Trimble’s daughter. Trimble also alleged that his daughter was denied
state services. The district court properly dismissed the action for failure to state a
claim because Trimble does not have a general right to governmental aid, see, e. g.,
DeS/raney v. Winnebago County Dept. of Social Services, 489 U.S. 189, l96
(1989), and Trimble did not allege that defendants acted intentionally to
discriminate against him based on membership in a protected class, see Barren v.
Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). ( 1
To the extent T rimble’s third amended complaint attempted to name his
daughter as a plaintiff, we note that Trimble cannot bring an action on behalf of
his daughter without retaining a lawyer. See Johns v. County of San Diego, l 14
F.3d 874, 877(9th Cir. 1997). 8
Because the district court explained the legal infirmities of Trimb1e’s
allegations in two previous orders and allowed him four opportunities to plead his
case, we conclude that the district court did not abuse its discretion in dismissing
2
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Trimble’s third amended complaint without leave to amend. See In re Vcmtive
Corp. Sec. Litig., 283 F.3d 1079, 1097 (9th Cir. 2002) (where "p1aintiffs had three
opportunities to plead their best possible case," it was "not unreasonable for the
district court to conclude that it would be pointless to give the plaintiffs yet
another chance to amend"). -
Trimble’s remaining contentions lack merit.
Trirnble’s motion tiled February 22, 2005 is denied.
AFFIRMED.
3
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