Ahadi Abu-al MUHAMMAD, AKA Onofre Tommy Serrano, Plaintiff-Appellant, v. CITY OF LONG BEACH; et al., Defendants-Appellees, 690 F. App'x 1015

MEMORANDUM Ahadi Abu-al Muhammad, a.k.a Onofre Tommy Serrano, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various claims stemming from his arrest and detainment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)). We reverse and remand.

Dismissal of Muhammad’s action was premature because the allegations that Muhammad was stopped and arrested based on Muhammad’s race, liberally construed, are “sufficient to warrant ordering [defendants] to file an answer.” Wilhelm v. Rotman, 680 F.3d 1113, 1116 (9th Cir. 2012). We reverse the judgment and remand for further proceedings. REVERSED and REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.