NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 18 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KENNETH ADRIAN FULLER, No. 23-15146

Plaintiff-Appellant, D.C. No. 4:22-cv-03802-YGR

v.

MEMORANDUM *

KAREN THOMPSON; CORREA, Dr.;

KATHLEEN POZZY; LYNN STARK-

SLATER; DOTY, Dr.; CHRISTINE BRADY; ROBERT LA FORGE, Judge; KARLENE NAVERRO, Judge,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Yvonne Gonzalez Rogers, District Judge, Presiding

Submitted October 10, 2023**

Before: S.R. THOMAS, McKEOWN, and HURWITZ, Circuit Judges.

Kenneth Adrian Fuller appeals pro se from the district court’s judgment

dismissing his 42 U.S.C. § 1983 action arising out of his state criminal

* 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). proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a

dismissal under 28 U.S.C. § 1915A. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th

Cir. 2012). We affirm.

The district court properly dismissed Fuller’s action because Fuller failed to

allege facts sufficient to show a conspiracy between the public defenders, court-

appointed psychologists, and state court judges. See Crowe v. County of San

Diego, 608 F.3d 406, 440 (9th Cir. 2010) (setting forth elements of a § 1983

conspiracy claim); Simmons v. Sacramento County Super. Ct., 318 F.3d 1156,

1161 (9th Cir. 2003) (explaining that “conclusory allegations” are insufficient to

state a conspiracy claim under § 1983); see also Polk County v. Dodson, 454 U.S.

312, 325 (1981) (“[A] public defender does not act under color of state law when

performing a lawyer’s traditional functions as counsel to a defendant in a criminal

proceeding.”).

Fuller’s request for judicial notice, set forth in the opening brief, is denied as

unnecessary.

AFFIRMED.

2 23-15146