Opinion
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NOT FOR PUBLICATION.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)
Inmate brought Bivens action, alleging constitutional torts, against three Circuit Judges of the United States Court of Appeals for the Ninth Circuit, relating to the denial of his petition to file a second or successive habeas corpus petition. The United States District Court for the Central District of California Christina A. Snyder, J., dismissed the action for failure to state a claim. Inmate appealed. The Court of Appeals held that the Circuit Judges were entitled to absolute judicial immunity.
Affirmed.
Appeal from the United States District Court for the Central District of California Christina A. Snyder, District Judge, Presiding.
Before KOZINSKI, T.G. NELSON and TALLMAN, Circuit Judges.
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.
Clarence Haywood appeals pro se the district court's Fed.R.Civ.P. 12(b)(6) dismissal of his complaint brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971) against three Ninth Circuit Court of Appeals Judges, based upon their denial of his application to file a second or successive habeas corpus petition.
Because Judges Ferguson, Rymer and Hawkins are entitled to absolute judicial immunity from Haywood's suit, dismissal was proper. Ashelman v. Pope, 793 F.2d 1072
Page 926.
, 1075-76, 1078 (9th Cir.1986) (en banc).
AFFIRMED.