Welch

Welch v. Yoell

Good Law
73 F. App'x 215
United States Court of Appeals for the Ninth CircuitJuly 29, 2003No. 02-17369; D.C. No. CV-01-02210-CWCalifornia610 words

Opinion

Lead Opinion

MEMORANDUM **

David Esco Welch appeals pro se the dismissal of his action with prejudice and without leave to amend. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, see Wade v. Terhune, 202 F.3d 1190, 1194 (9th Cir.2000), and we affirm.

David Welch’s amended complaint alleged state wrongful death and survival causes of action, as well as Civil Rights claims, arising from the shooting death of Maurice Esters by Oakland police. 42 U.S.C. §§ 1983 ; 1985; 1986. David Welch attempted to bring the complaint on behalf of himself and Terri Welch, his deceased wife. The district court correctly held that Terri Welch had no causes of action as she is deceased and died before the shooting death of her son, Maurice Esters.

I

The district court correctly dismissed David Welch’s state wrongful death claims. David Welch has not shown that he is the personal representative of Maurice Esters, that he is entitled to property of Maurice Esters under intestate succession, or that he is a dependent parent of Maurice Esters. See Cal.Code Civ. Proc. § 377.60; Moreland v. Las Vegas Metro. Police Dep’t, 159 F.3d 365 , 370 (9th Cir.1998). David Welch was married to Maurice Esters’s…

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