Kentrell Welch v. Nevada, State Of ( 2023 )

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 10 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT KENTRELL D. WELCH, No. 22-15342 Plaintiff-Appellant, D.C. No. 3:20-cv-00113-RCJ-CSD v. MEMORANDUM* NEVADA, STATE OF; JUVENILE FOSTER HOME PLACEMENT; CHILD PROTECTION SERVICES; CLARK COUNTY MUNICIPALITY DISTRICT; TICK SEGERBLOOM; MARIYLYN KIRKPARTICK, Defendants-Appellees. Appeal from the United States District Court for the District of Nevada Robert Clive Jones, District Judge, Presiding Submitted June 26, 2023** Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges. Kentrell D. Welch appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that he was abused while in foster * 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). care. 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. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm. The district court properly dismissed Welch’s action because Welch failed to allege facts sufficient to state a plausible claim. See Ashcroft v. Iqbal, 556 U.S. 662, 678, 681 (2009) (a claim has facial plausibility when the plaintiff pleads factual content allowing a reasonable inference that a defendant is liable for the misconduct alleged; conclusory allegations are not entitled to the presumption of truth); see also West v. Atkins, 487 U.S. 42, 48 (1988) (“To state a claim under § 1983, a plaintiff must . . . show that the alleged deprivation was committed by a person acting under color of state law.”); Castro v. County of Los Angeles, 833 F.3d 1060, 1073-76 (9th Cir. 2016) (en banc) (discussing requirements to establish municipal liability under Monell v. Department of Social Services, 436 U.S. 658 (1978)). All pending motions are denied. AFFIRMED. 2 22-15342