Mandate — Alvarado v. CUIAB (Ninth Circuit)

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U.S. District Court for the Eastern District of California · No. 2:23-cv-03041-TLN-CSK · Doc. 20 · 2026-04-01 · Docket on CourtListener

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UNITED STATES COURT OF APPEALS 
 
FOR THE NINTH CIRCUIT 
 
LANCE DELON ALVARADO, 
                    Plaintiff - Appellant, 
  v. 
CALIFORNIA UNEMPLOYMENT 
INSURANCE APPEALS BOARD and 
CALIFORNIA EMPLOYMENT 
DEVELOPMENT DEPARTMENT, 
                    Defendants - Appellees. 
No. 24-2049 
D.C. No. 
2:23-cv-03041-TLN-CSK 
Eastern District of California, 
Sacramento 
MANDATE 
 
The judgment of this Court, entered November 18, 2025, takes effect this 
date. 
This constitutes the formal mandate of this Court issued pursuant to 
Rule 41(a) of the Federal Rules of Appellate Procedure. 
 
 
FOR THE COURT: 
MOLLY C. DWYER 
CLERK OF COURT 
 
FILED 
 
APR 1 2026 
 
MOLLY C. DWYER, CLERK 
U.S. COURT OF APPEALS 
Case 2:23-cv-03041-TLN-CSK     Document 20     Filed 04/01/26     Page 1 of 4

NOT FOR PUBLICATION 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 20     Filed 04/01/26     Page 2 of 4

 
 
 
 
 
 
2 
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 20     Filed 04/01/26     Page 3 of 4

 
 
 
 
 
 
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24-2049 
 
All pending motions and requests are denied. 
 
AFFIRMED. 
Case 2:23-cv-03041-TLN-CSK     Document 20     Filed 04/01/26     Page 4 of 4

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