Opinion
No. 19-35609
04-10-2020
BRENDA M. JOHNSON, Plaintiff-Appellant, v. DEPARTMENT OF SOCIAL AND HEALTH SERVICES; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 3:19-cv-05174-BHS MEMORANDUM Appeal from the United States District Court for the Western District of Washington
Benjamin H. Settle, District Judge, Presiding Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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 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.