BERBERICH v. KISHNER (2018)

United States Court of Appeals, Ninth Circuit.

Kenneth BERBERICH, Plaintiff-Appellant, v. Joanna S. KISHNER, Defendant-Appellee.

No. 17-16476

Decided: September 20, 2018

Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.

Jeff Brauer, Brauer, Driscoll, Sun and Associates LLC, Henderson, NV, for Plaintiff - Appellant Steven G. Shevorski, Esquire, Attorney, AGNV - Office of the Nevada Attorney General (Las Vegas), Las Vegas, NV, for Defendant - Appellee

MEMORANDUM **

Kenneth Berberich appeals from the district court’s judgment dismissing his 42 U.S.C. § 1983 action arising from state court proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal on the basis of judicial immunity. Romano v. Bible, 169 F.3d 1182, 1186 (9th Cir. 1999). We affirm.

The district court properly dismissed Berberich’s action because Judge Kishner is entitled to judicial immunity. See id. (“Judges ․ are absolutely immune from damages for acts performed within their judicial capacities.” (emphasis omitted) ); Schucker v. Rockwood, 846 F.2d 1202, 1204 (9th Cir. 1988) (“A judge loses absolute immunity only when [the judge] acts in the clear absence of all jurisdiction or performs an act that is not judicial in nature.”).

Appellee’s motion to dismiss (Docket Entry No. 30) is denied as moot.

AFFIRMED.

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