Jeff Michael Welch v. CHARLES L. RYAN, Director of Arizona Department of Corrections;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JEFF MICHAEL WELCH,
Plaintiff - Appellant,
v.
CHARLES L. RYAN, Director of Arizona
Department of Corrections; et al.,
Defendants - Appellees.
No. 12-15948
D.C. No. 2:11-cv-02164-NVW-
LOA
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted February 11, 2013**
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Arizona state prisoner Jeff Michael Welch appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that Arizona
Revised Statutes § 31-201.01(L) violates his due process rights. We have
FILED
FEB 19 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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jurisdiction under 28 U.S.C. § 1291. We review de novo, Resnick v. Hayes, 213
F.3d 443, 447 (9th Cir. 2000), and we affirm.
The district court properly dismissed Welch’s claims against Arizona
Attorney General Thomas Horne because Horne is entitled to Eleventh
Amendment sovereign immunity, and Welch did not allege that Horne waived that
immunity or consented to be sued in federal court. See Pennhurst State Sch. &
Hosp. v. Halderman, 465 U.S. 89, 100-01 (1984). To the extent that Welch has
sued Horne in his individual capacity, the district court properly determined that
Welch failed to allege an affirmative link between individual actions by Horne and
any alleged injury to Welch. See Rizzo v. Goode, 423 U.S. 362, 371 (1976).
The district court properly dismissed Welch’s claim for injunctive or
declaratory relief because Welch failed to allege any constitutional violation by
Horne.
Welch’s motion for a favorable ruling, filed on September 28, 2012, and
request for an injunction, filed on December 3, 2012, are denied.
AFFIRMED.
12-15948 2

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