Brenda Johnson v. Department of Social & Health ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRENDA M. JOHNSON, No. 19-35609
Plaintiff-Appellant, D.C. No. 3:19-cv-05174-BHS
v.
MEMORANDUM*
DEPARTMENT OF SOCIAL AND
HEALTH SERVICES; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Washington
Benjamin H. Settle, District Judge, Presiding
Submitted April 7, 2020**
Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.
Brenda M. Johnson appeals pro se from the district court’s judgment
dismissing her 42 U.S.C. § 1983 action against the Washington State Department
of Social and Health Services (“DSHS”) and Terry Rembert alleging various
claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the
*
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).
district court’s sua sponte dismissal for failure to state a claim under Fed. R. Civ.
P. 12(b)(6). Omar v. Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987). We
affirm.
The district court properly dismissed Johnson’s action because Johnson
failed to allege facts sufficient to state a plausible claim and DSHS is a state
agency not subject to liability under § 1983. See Hebbe v. Pliler, 627 F.3d 338,
341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a
plaintiff must present factual allegations sufficient to state a plausible claim for
relief); Maldonado v. Harris, 370 F.3d 945, 951 (9th Cir. 2004) (state agencies are
not “persons” within the meaning of § 1983 and therefore not amenable to suit
under § 1983).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 19-35609