Kenneth Adrian Fuller v. Karen Thompson

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KENNETH ADRIAN FULLER,
Plaintiff-Appellant,
v.
KAREN THOMPSON; CORREA, Dr.;
KATHLEEN POZZY; LYNN STARK-
SLATER; DOTY, Dr.; CHRISTINE
BRADY; ROBERT LA FORGE, Judge;
KARLENE NAVERRO, Judge,
Defendants-Appellees.
No. 23-15146
D.C. No. 4:22-cv-03802-YGR
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Yvonne Gonzalez Rogers, District Judge, Presiding
Submitted October 10, 2023 **
Before: S.R. THOMAS, McKEOWN, and HURWITZ, Circuit Judges.
Kenneth Adrian Fuller appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action arising out of his state criminal
* 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
OCT 18 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a
dismissal under 28 U.S.C. § 1915A. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th
Cir. 2012). We affirm.
The district court properly dismissed Fuller’s action because Fuller failed to
allege facts sufficient to show a conspiracy between the public defenders, court-
appointed psychologists, and state court judges. See Crowe v. County of San
Diego, 608 F.3d 406, 440 (9th Cir. 2010) (setting forth elements of a § 1983
conspiracy claim); Simmons v. Sacramento County Super. Ct., 318 F.3d 1156,
1161 (9th Cir. 2003) (explaining that “conclusory allegations” are insufficient to
state a conspiracy claim under § 1983); see also Polk County v. Dodson, 454 U.S.
312, 325 (1981) (“[A] public defender does not act under color of state law when
performing a lawyer’s traditional functions as counsel to a defendant in a criminal
proceeding.”).
Fuller’s request for judicial notice, set forth in the opening brief, is denied as
unnecessary.
AFFIRMED.

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