749 Fed.Appx. 666 (9th Cir. 2019), 17-16721, Salem v. Arakawa

Docket Nº:17-16721
Citation:749 Fed.Appx. 666
Party Name:Christopher SALEM, Plaintiff-Appellant, v. Alan ARAKAWA, Individually and in His Official Capacity as Mayor of the County of Maui; et al., Defendants-Appellees.
Attorney:Christopher Salem, Pro Se Brian Anthony Bilberry, Deputy Corporation Counsel, Moana Monique Lutey, Deputy Corporation Counsel, County of Maui, Department of the Corporation Counsel, Wailuku, HI, Nicholas Ravindra Monlux, Esquire, Attorney, Kobayashi Sugita & Goda, LLP, Honolulu, HI, for Defendant...
Judge Panel:Before: TROTT, SILVERMAN, and TALLMAN, Circuit Judges.
Case Date:January 31, 2019
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 666

749 Fed.Appx. 666 (9th Cir. 2019)

Christopher SALEM, Plaintiff-Appellant,

v.

Alan ARAKAWA, Individually and in His Official Capacity as Mayor of the County of Maui; et al., Defendants-Appellees.

No. 17-16721

United States Court of Appeals, Ninth Circuit

January 31, 2019

Submitted January 29, 2019 [*]

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

Christopher Salem, Pro Se

Brian Anthony Bilberry, Deputy Corporation Counsel, Moana Monique Lutey, Deputy Corporation Counsel, County of Maui, Department of the Corporation Counsel, Wailuku, HI, Nicholas Ravindra Monlux, Esquire, Attorney, Kobayashi Sugita & Goda, LLP, Honolulu, HI, for Defendants-Appellees Alan Arakawa, William Spence, Patrick Wong, Keith Regan, Jeffrey Hunt, John Minn, Milton Arakawa, David Goode

Brian Anthony Bilberry, Deputy Corporation Counsel, Moana Monique Lutey, Deputy Corporation Counsel, County of Maui, Department of the Corporation Counsel, Wailuku, HI, for Defendant-Appellee County of Maui

Appeal from the United States District Court for the District of Hawaii, Leslie E. Kobayashi, District Judge, Presiding, D.C. No. 1:15-cv-00384-LEK-KJM

Before: TROTT, SILVERMAN, and TALLMAN, Circuit Judges.

MEMORANDUM[**]

Christopher Salem appeals pro se the district court’s dismissal of his action against the County of Maui and County officials. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The district court correctly exercised its discretion in denying Salem’s second motion for leave to file a first amended complaint. See U.S. ex rel. Silingo v. WellPoint, Inc., 904 F.3d 667, 676 (9th Cir. 2018) (stating standard of review). The proposed first amended complaint failed to state a claim under Hawaii law for negligence, gross negligence, or fraudulent concealment. See Molfino v. Yuen, 339 P.3d 679, 682 (Haw. 2014) (stating elements of negligence); Salameh v. Tarsadia Hotel, 726 F.3d 1124, 1133 (9th Cir. 2013) (holding that particularity requirements set forth in Fed.R.Civ.P. 9(b) apply to...

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