United States v. 2020-04-10 | 19-35609 | BRENDA JOHNSON V. DEPARTMENT OF SOCIAL & HEALTH | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRENDA M. JOHNSON,

Plaintiff-Appellant,

v.

DEPARTMENT OF SOCIAL AND
HEALTH SERVICES; et al.,

Defendants-Appellees.

No. 19-35609

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

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).
FILED

APR 10 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 19-35609
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.