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NOT FOR PUBLICATION.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)
Plaintiff sued, inter alia, judge and prosecutor for alleged civil rights conspiracy and alleged violations of statute proscribing tampering with witness, victim, or informant. The United States District Court for the Northern District of California, Claudia Wilken, J., dismissed judge and prosecutor. Plaintiff appealed. The Court of Appeals held that judge and prosecutor were absolutely immune from liability for damages.
Affirmed. Appeal from the United States District Court for the Northern District of California Claudia Wilken, District Judge, Presiding.
Before KLEINFELD, McKEOWN, and FISHER, 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.
Evangelista Lugo appeals pro se the district court's order dismissing defendants Maguire and Gemello in Lugo's action alleging violations of 42 U.S.C. § 1985(2)(3) and 18 U.S.C. § 1512. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal, Cohen v. Stratosphere Corp., 115 F.3d 695, 700 (9th Cir.1997), and we affirm.
Although there was no final order at the time Lugo filed this appeal, the district court's subsequent entry of judgment cures the premature notice of appeal. See Anderson v. Allstate Ins. Co., 630 F.2d 677, 680-81 (9th Cir.1980).
The district court properly determined that the judge and the prosecutor were absolutely immune from liability for damages. See Ashelman v. Pope, 793 F.2d 1072, 1075-76 (9th Cir.1986).
AFFIRMED.