Kentrell D. Welch v. Nevada, State of

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KENTRELL D. WELCH,
Plaintiff-Appellant,
v.
NEVADA, STATE OF; JUVENILE
FOSTER HOME PLACEMENT; CHILD
PROTECTION SERVICES; CLARK
COUNTY MUNICIPALITY DISTRICT;
TICK SEGERBLOOM; MARIYLYN
KIRKPARTICK,
Defendants-Appellees.
No. 22-15342
D.C. No. 3:20-cv-00113-RCJ-CSD
MEMORANDUM*
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).
FILED
JUL 10 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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