MEMORANDUM **
Loriann Anderson, Kenneth Hill, Rene Layton, Michael Miller, Bernard Perkins, Dennis Richey, Kathie Simmons, Kent Wiles, and Melinda Wiltse appeal from the district courts judgment in their 42 U.S.C. § 1983 putative class action alleging a First Amendment claim arising out of union membership dues. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district courts dismissal under Federal Rule of Civil Procedure 12(b)(6). Daniels-Hall v. Natl Educ. Assn, 629 F.3d 992, 998 (9th Cir. 2010). We affirm.
The parties agree that this courts intervening decision in Belgau v. Inslee, 975 F.3d 940 (9th Cir. 2020), cert. denied, No. 20-1120, ––– U.S. ––––, ––– S.Ct. ––––, ––– L.Ed.2d ––––, 2021 WL 2519114 (June 21, 2021), controls the outcome of this appeal. We affirm the district courts judgment dismissing plaintiffs’ action for failure to state a claim. See Belgau, 975 F.3d at 946-69 (discussing state action), 950-52 (concluding that the Supreme Courts decision in Janus v. American Federation of State, County & Municipal Employees, Council 31, ––– U.S. ––––, 138 S. Ct. 2448, 201 L.Ed.2d 924 (2018), did not extend a First Amendment right to avoid paying union dues that were agreed upon under validly entered union membership agreements).
Plaintiffs’ motion for summary affirmance, set forth in their reply brief, is denied.
AFFIRMED.