Barren v. Harrington, No. 98-15277

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Citation152 F.3d 1193
Decision Date17 August 1998
Parties98 Cal. Daily Op. Serv. 6618, 98 Daily Journal D.A.R. 9173 Donald Robin BARREN, Plaintiff-Appellant, v. Tom HARRINGTON, Defendant-Appellee.
Docket NumberNo. 98-15277

Page 1193

152 F.3d 1193
98 Cal. Daily Op. Serv. 6618, 98 Daily Journal
D.A.R. 9173
Donald Robin BARREN, Plaintiff-Appellant,
v.
Tom HARRINGTON, Defendant-Appellee.
No. 98-15277.
United States Court of Appeals,
Ninth Circuit.
Submitted Aug. 17, 1998. *
Decided Aug. 26, 1998.

Page 1194

Donald Robin Barren, Carson City, NV, pro se.

No appearance for defendant-appellee.

Appeal from the United States District Court for the District of Nevada; Howard D. McKibben, District Judge, Presiding. D.C. No. CV-96-00546-HDM.

Before: O'SCANNLAIN, RYMER, and HAWKINS, Circuit Judges.

ORDER

Barren appeals the district court's order sua sponte dismissing the third amended complaint of his § 1983 action filed in forma pauperis against various members of the Nevada state law enforcement community. We have jurisdiction pursuant to 28 U.S.C. § 1291.

The district court dismissed pursuant to 28 U.S.C. § 1915(e), holding that Barren had failed to present claims cognizable under § 1983. The Prison Litigation Reform Act of 1996, Pub.L. No. 104-134, §§ 801-10, 110 Stat. 1321, amended § 1915 to require the district court to dismiss in forma pauperis prisoner civil rights suits if the court determines that the action does not state a claim upon which relief may be granted. § 1915(e)(2)(B)(ii). The language of § 1915(e)(2)(B)(ii) parallels the language of Federal Rule of Civil Procedure 12(b)(6). We join our sister circuits and employ the same de novo standard to review such dismissals as we use to review dismissals pursuant to 12(b)(6). See Black v. Warren, 134 F.3d 732, 733 (5th Cir.1998); Mitchell v. Farcass, 112 F.3d 1483, 1489-90 (11th Cir.1997); McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir.1997); Atkinson v. Bohn, 91 F.3d 1127, 1128 (8th Cir.1996).

The statutory authority is clear: "the court shall dismiss the case at any time if the court determines that ... the action or appeal ... fails to state a claim on which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii) (emphasis added).

Barren's complaint comprised four separate allegations. Count I alleged that the defendants had conspired to deny him his Fourth Amendment rights by bringing charges against him without probable cause, thus causing him to be incarcerated for 156 days before the charges were dismissed. Count II alleged that his due process rights were violated when he was held from May 1995 to October 1995 without a hearing. Count III alleged that he was denied the equal protection of the...

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3081 practice notes
  • Gifford v. Kampa, No. 2:17-CV-2421-TLN-DMC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 25, 2021
    ...may be brought by a "class of one"); Reese v. Jefferson Sch. Dist. No. 14J, 208 F.3d 736, 740 (9th Cir. 2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998); Federal Deposit Ins. Corp. v. Henderson, 940 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 ......
  • Davis v. Powell, Civil No. 10cv1891–CAB (RBB).
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • October 4, 2012
    ...acted with an intent or purpose to discriminate against the plaintiff based upon membership in a protected class.” Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998). “Prisoners enjoy religious freedom and equal protection of the law subject to restrictions and limitations necessitate......
  • Reno v. Nielson, Civ. No. 19-00418 ACK-WRP
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • May 8, 2020
    ...acted with an intent or purpose to discriminate against the plaintiff based upon membership in a protected class." Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (citations omitted). "Our cases have recognized successful equal protection claims brought by a 'class of one,' where ......
  • Williams v. Vista, 1:21-cv-01661-JLT-SAB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 31, 2022
    ...(9th Cir. 1995) (district court has discretion to dismiss in forma pauperis complaint under 28 U.S.C. § 1915(e)); Barren v. Harrington, 152 F.3d 1193 (9th Cir. 1998) (affirming sua sponte dismissal for failure to state a claim). The Court exercised its discretion to screen the plaintiff's c......
  • Request a trial to view additional results
3081 cases
  • Gifford v. Kampa, No. 2:17-CV-2421-TLN-DMC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 25, 2021
    ...may be brought by a "class of one"); Reese v. Jefferson Sch. Dist. No. 14J, 208 F.3d 736, 740 (9th Cir. 2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998); Federal Deposit Ins. Corp. v. Henderson, 940 F.2d 465, 471 (9th Cir. 1991); Lowe v. City of Monrovia, 775 F.2d 998, 1010 ......
  • Davis v. Powell, Civil No. 10cv1891–CAB (RBB).
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • October 4, 2012
    ...acted with an intent or purpose to discriminate against the plaintiff based upon membership in a protected class.” Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998). “Prisoners enjoy religious freedom and equal protection of the law subject to restrictions and limitations necessitate......
  • Reno v. Nielson, Civ. No. 19-00418 ACK-WRP
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • May 8, 2020
    ...acted with an intent or purpose to discriminate against the plaintiff based upon membership in a protected class." Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (citations omitted). "Our cases have recognized successful equal protection claims brought by a 'class of one,' where ......
  • Williams v. Vista, 1:21-cv-01661-JLT-SAB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 31, 2022
    ...(9th Cir. 1995) (district court has discretion to dismiss in forma pauperis complaint under 28 U.S.C. § 1915(e)); Barren v. Harrington, 152 F.3d 1193 (9th Cir. 1998) (affirming sua sponte dismissal for failure to state a claim). The Court exercised its discretion to screen the plaintiff's c......
  • Request a trial to view additional results

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