842 F. 2d 1294 - Crater v. Canyon Lake Property Owners Association
842 F2d 1294 Crater v. Canyon Lake Property Owners Association
842 F.2d 1294
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
George Faris CRATER; Shirley Crater; John Crater; a minor
by his guardian ad litem,
Plaintiffs-Appellants/Cross-Appellees,
v.
CANYON LAKE PROPERTY OWNERS ASSOCIATION, et al,
Defendants-Appellees/Cross- Appellants.
Nos. 87-5930, 87-6039.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted: March 9, 1988.
Decided: March 16, 1988.
Before PREGERSON, WIGGINS and BRUNETTI, Circuit Judges.
ORDER
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We affirm the decision below. During four separate hearings, the district court clearly and repeatedly told counsel what was wrong with the complaint. Plaintiffs had two opportunities to amend their complaint, and yet still failed to successfully identify any federal rights violated by the alleged events. Plaintiffs may not maintain an action under 42 U.S.C. Sec. 1983 without successfully alleging the violation of "any rights, privileges, or immunities secured by the Constitution and laws." 42 U.S.C. Sec. 1983 (1982). Our affirmance is based on appellant's failure to state a claim, and our ruling should not in any way be construed as supporting the Canyon Lake Property Owners Association's continued assertion that it may exclude the public from the area in question.