Nevarez v. Idaho State Correctional Institution

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 23 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CONRAD CESAR NEVAREZ, No. 23-1348 D.C. No. 1:23-cv-00122-BLW Plaintiff - Appellant, v. MEMORANDUM* IDAHO STATE CORRECTIONAL INSTITUTION, Defendant - Appellee. Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding Submitted October 16, 2024 ** Before: SILVERMAN, R. NELSON, and MILLER, Circuit Judges. Former Idaho state prisoner Conrad Cesar Nevarez appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We * 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). review de novo. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915A); Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)). We affirm. The district court properly dismissed Nevarez’s action because Nevarez’s claims are barred by the Eleventh Amendment. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100 (1984) (Eleventh Amendment immunity applies to states and their agencies or departments absent their consent to be sued); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (Eleventh Amendment immunity applies to state agencies, including the department of prisons). We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). All pending motions and requests are denied. AFFIRMED. 2 23-1348