NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 28 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEPH KOFOED, No. 18-35656
Plaintiff-Appellant, D.C. No. 3:17-cv-01342-SB
v.
MEMORANDUM*
ELLEN ROSENBLUM, State of Oregon
Attorney General; KINDRA McKILLIP,
Legal Secretary to the Tillamook County
Circuit Court Trial Court Administrator,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Oregon
Marco A. Hernandez, District Judge, Presiding
Submitted May 21, 2019**
Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.
Joseph Kofoed appeals pro se from the district court’s judgment dismissing
his 42 U.S.C. § 1983 action alleging federal claims. We have jurisdiction under 28
U.S.C. § 1291. We review de novo the district court’s dismissal under Federal
*
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).
Rule of Civil Procedure 12(b)(6). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir.
2010). We affirm.
The district court properly dismissed Kofoed’s claims against defendant
Rosenblum because Kofoed failed to allege facts sufficient to state a plausible
claim. Id. at 341-42 (although pro se pleadings are construed liberally, a plaintiff
must present factual allegations sufficient to state a plausible claim for relief); see
also Ashcroft v. Iqbal, 556 U.S. 662, 681 (2009) (conclusory allegations are not
entitled to a presumption of truth); Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir.
2011) (requirements for establishing supervisory liability under § 1983).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Kofoed’s motion for correction of errors in the reply brief (Docket Entry No.
20) is granted. The Clerk shall file the notice of errata to the reply brief submitted
at Docket Entry No. 20.
AFFIRMED.
2 18-35656