Chaidez v. Weil

Full title: Roberto CHAIDEZ, Plaintiff-Appellant, v. Lauren J. WEIL; Pregerson, U.S…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 21, 2001

4 F. App'x 452 (9th Cir. 2001)

Opinion

4 Fed.Appx. 452 (9th Cir. 2001) Roberto CHAIDEZ, Plaintiff-Appellant, v. Lauren J. WEIL; Pregerson, U.S. Circuit Judge; Wiggins, U.S. Circuit Judge; Brunetti, U.S. Circuit Judge, Defendants-Appellees. No. 99-17012. D.C. No. CV-99-0642-WBS/JFM. United States Court of Appeals, Ninth Circuit. February 21, 2001

Submitted February 12, 2001. ¹

1 The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

State prisoner brought § 1983 action against judges and public defender. The United States District Court for the Eastern District of California, William B. Shubb, J., dismissed action, and prisoner appealed. The Court of Appeals held that: (1) judges were absolutely immune from § 1983 liability, and (2) public defender was not acting under color of state law within the meaning of § 1983.

Affirmed.

Appeal from the United States District Court for the Eastern District of California, William B. Shubb, District Judge, Presiding.

Before LEAVY, THOMAS, and RAWLINSON, Circuit Judges.

MEMORANDUM ²

2 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Roberto Chaidez, a California state prisoner, appeals pro se the district court's judgment dismissing his 42 U.S.C. § 1983 action as frivolous. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for an abuse of discretion, see Denton v. Hernandez, 504 U.S. 25, 33, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992), and we affirm.

Because judges are absolutely immune from section 1983 liability, see Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir.1986) (en banc), and the public defender was not acting under color of state law within the meaning of section 1983, see Polk County v. Dodson, 454 U.S. 312, 325, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981), the district court properly dismissed Chaidez's action.

AFFIRMED.