Ninth Circuit Affirms Arizona District Court’s Dismissal of Frivolous Petition to Compel Arbitration

Carlton Fields
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Carlton Fields

On June 23, 2020, the U.S. District Court for the District of Arizona dismissed a pro se plaintiff’s petition to compel arbitration, finding the action “frivolous” and ordering its dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6). On appeal, the Ninth Circuit Court of Appeals affirmed the district court’s ruling, finding that the district court properly dismissed the plaintiff’s action because the plaintiff failed to allege facts sufficient to state a plausible claim. The Ninth Circuit also rejected the plaintiff’s claim on appeal that the district court violated his constitutional rights, or otherwise acted with impropriety or gave the appearance of impropriety in its conduct.

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