Opinion
No. 15-16545
08-25-2016
ERIC LEON CHRISTIAN, Plaintiff-Appellant, v. CHRISTOPHER HOYE, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 2:15-cv-00305-RCJ-GWF MEMORANDUM Appeal from the United States District Court for the District of Nevada
Robert Clive Jones, District Judge, Presiding Before: O'SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Eric Leon Christian appeals pro se from the district court's judgment dismissing his action alleging federal claims arising out of his incarceration. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We affirm.
The district court properly dismissed Christian's action because Hoye is immune from suit for complying with a facially valid court order. See Engebretson v. Mahoney, 724 F.3d 1034, 1038 (9th Cir. 2013) ("[P]ublic officials who ministerially enforce facially valid court orders are entitled to absolute immunity."); Hoffman v. Halden, 268 F.2d 280, 300 (9th Cir. 1959) (the failure to release a prisoner held on a warrant or commitment cannot form the basis of a civil rights action even if "the conviction later set aside"), overruled on other grounds by Cohen v. Norris, 300 F.2d 24 (9th Cir. 1962).
Christian's pending motions are denied.
AFFIRMED.