Opinion
21-16932
06-29-2022
AUDREY L. KIMNER, Plaintiff-Appellant, v. LUCY H. KOH; NATHANAEL M. COUSINS, Defendants-Appellees
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court for the Northern District of California No. 5:21-cv-07107-EJD Edward J. Davila, District Judge, Presiding
Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.
MEMORANDUM
Audrey L. Kimner appeals pro se from the district court's judgment dismissing her 42 U.S.C. § 1983 action alleging federal and state law violations stemming from defendants' dismissal of her lawsuit brought in 2019. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915(e)(2)(B). Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). We affirm.
The district court properly dismissed Kimner's action as barred by judicial immunity. See Duvall v. County of Kitsap, 260 F.3d 1124, 1133 (9th Cir. 2001) (describing factors relevant to the determination of whether an act is judicial in nature and subject to absolute judicial immunity); Moore v. Brewster, 96 F.3d 1240, 1243 (9th Cir. 1996) (judicial immunity extends to declaratory and other equitable relief), superseded by statute on other grounds.
We reject as unsupported by the record Kimner's contentions that the district court obstructed justice or otherwise acted unlawfully or unethically.
We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Kimner's request for entry of default judgment (Docket Entry No. 5), is denied.
AFFIRMED.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).