Memorandum — Alvarado v. Cuiab (Ninth Circuit) (E.D. Cal. No. 2:23-cv-03041)

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An unpublished memorandum disposition of the United States Court of Appeals for the Ninth Circuit in Lance Delon Alvarado v. California Unemployment Insurance Appeals Board and California Employment Development Department, No. 24-2049, filed November 18, 2025 and entered in the district court as Document 19 in D.C. No. 2:23-cv-03041-TLN-CSK. Alvarado appealed pro se from the Eastern District of California's dismissal of his federal and state claims arising from the denial of pandemic unemployment assistance benefits. The panel of Schroeder, Rawlinson and Nguyen affirms, finding that he failed to allege facts stating a plausible claim and that several claims were legally frivolous. It declines to consider arguments raised for the first time on appeal and denies all pending motions.

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NOT FOR PUBLICATION 
 
UNITED STATES COURT OF APPEALS 
 
FOR THE NINTH CIRCUIT 
 
LANCE DELON ALVARADO, 
                    Plaintiff - Appellant, 
  v. 
CALIFORNIA UNEMPLOYMENT 
INSURANCE APPEALS 
BOARD; CALIFORNIA EMPLOYMENT 
DEVELOPMENT DEPARTMENT, 
                    Defendants - Appellees. 
No. 24-2049 
D.C. No. 2:23-cv-03041-TLN-CSK 
 
MEMORANDUM* 
 
Appeal from the United States District Court  
for the Eastern District of California 
Troy L. Nunley, District Judge, Presiding 
 
Submitted November 12, 2025** 
Before: 
SCHROEDER, RAWLINSON, and NGUYEN, Circuit Judges. 
 
Lance Delon Alvarado appeals pro se from the district court’s judgment 
dismissing his action alleging federal and state law claims against state agencies 
 
* 
This disposition is not appropriate for publication and is not precedent 
except as provided by Ninth Circuit Rule 36-3. 
 
** 
The panel unanimously concludes this case is suitable for decision 
without oral argument. See Fed. R. App. P. 34(a)(2). 
 
FILED 
 
NOV 18 2025 
 
MOLLY C. DWYER, CLERK 
U.S. COURT OF APPEALS 
Case 2:23-cv-03041-TLN-CSK     Document 19     Filed 11/18/25     Page 1 of 3

 
 
 
 
 
 
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24-2049 
arising from the denial of pandemic unemployment assistance benefits. We have 
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to 
state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii) and for an abuse of discretion a 
dismissal as frivolous under § 1915(e)(2)(B)(i). Denton v. Hernandez, 504 U.S. 25, 
33 (1992); Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). We affirm. 
 
The district court properly dismissed Alvarado’s action because Alvarado 
failed to allege facts sufficient to state any plausible claim, and because several of 
Alvarado’s claims were legally frivolous. See Ashcroft v. Iqbal, 556 U.S. 662, 678 
(2009) (to avoid dismissal, “a complaint must contain sufficient factual matter, 
accepted as true, to state a claim to relief that is plausible on its face” (citation and 
internal quotation marks omitted)); Brewster v. Bd. of Educ. of Lynwood Unified 
Sch. Dist., 149 F.3d 971, 982 (9th Cir. 1998) (setting forth the elements of a 
procedural due process claim); see also Neitzke v. Williams, 490 U.S. 319, 325 
(1989) (explaining that a complaint “is frivolous where it lacks an arguable basis 
either in law or in fact”). 
 
We do not consider arguments and allegations raised for the first time on 
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).  
 
 
Case 2:23-cv-03041-TLN-CSK     Document 19     Filed 11/18/25     Page 2 of 3

 
 
 
 
 
 
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24-2049 
 
All pending motions and requests are denied. 
 
AFFIRMED. 
Case 2:23-cv-03041-TLN-CSK     Document 19     Filed 11/18/25     Page 3 of 3

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