McCleary

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 19 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAYSEN McCLEARY, No. 24-3625 D.C. No. Plaintiff - Appellant, 9:24-cv-00006-DLC v.

MEMORANDUM*

DAVID NELMARK; SCOTT BEATTIE,

Defendants - Appellees.

Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding

Submitted February 18, 2026**

Before: CALLAHAN, FRIEDLAND, and BRESS, Circuit Judges.

Jaysen McCleary appeals pro se from the district court’s judgment

dismissing his 42 U.S.C. § 1983 action arising out of state court proceedings. We

have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s

dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Flaxman v.

* 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). Ferguson, 151 F.4th 1178, 1184 (9th Cir.…