Clifford Thurston, Plaintiff-appellant, v. U.S. Behavioral Health, Defendant-appellee, 124 F.3d 212 (9th Cir. 1997)

MEMORANDUM^* 

Clifford Thurston appeals pro se the district court's dismissal of his action alleging that U.S. Behavioral Health violated Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131-12134 (1995) ("ADA"), by eliminating programs and services at Community Mental Health Centers in its capacity as manager of King County Mental Health Division.

We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim, see Sosa v. Hiraoka, 920 F.2d 1451, 1455 (9th Cir. 1990), and we affirm.

Although we liberally construe Thurston's pro se civil rights complaint, we may not supply essential elements of the claim that were not initially pled. See Ivey v. Board of Regents of the Univ. of Alaska, 673 F.2d 266, 268 (9th Cir. 1982) (vague and conclusory allegations are not sufficient to withstand motion to dismiss). Thurston fails to allege that U.S. Behavioral Health is a public entity, see 42 U.S.C. § 12131, or that he was injured or discriminated against, see Ackley v. Corporation of the State of Arizona, 98 F.3d 461, 462 (9th Cir. 1996) (upholding dismissal of ADA claim for elimination of benefits to severely disabled persons on grounds of lack of discrimination).

AFFIRMED.