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Brian E. FINANDER; Marlene R. Finander, Plaintiffs-Appellants, v. County of RIVERSIDE; et al., Defendants-Appellees.
MEMORANDUM **
Brian E. Finander and Marlene R. Finander appeal pro se from the district court's judgment dismissing their 42 U.S.C. § 1983 action alleging federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). Colony Cove Props., LLC v. City of Carson, 640 F.3d 948, 955 (9th Cir. 2011). We affirm.
The district court properly dismissed plaintiffs’ claims against the Superior Court of California, County of Riverside, as barred by the Eleventh Amendment. See Greater L.A. Council on Deafness, Inc. v. Zolin, 812 F.2d 1103, 1110 (9th Cir. 1987), superseded by statute on other grounds (a suit against a California superior court is a suit against the state, which is barred by Eleventh Amendment immunity).
The district court properly dismissed plaintiffs’ claim against the County of Riverside because plaintiffs failed to allege facts sufficient to state any plausible claim. See Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (a plaintiff must present factual allegations sufficient to state a plausible claim for relief).
We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
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Docket No: No. 20-55856
Decided: July 29, 2021
Court: United States Court of Appeals, Ninth Circuit.
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