Jeff Welch v. Charles Ryan

MEMORANDUM

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 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 , 104 S.Ct. 900 , 79 L.Ed.2d 67 (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 , 96 S.Ct. 598 , 46 L.Ed.2d 561 (1976).

The district court properly dismissed Welch’s claim for injunctive or declaratory relief because Welch failed to allege any constitutional violation by…