KEEFE v. UNITED STATES DISTRICT COURT (2019)

MEMORANDUM **

Nevada state prisoner Brian Kerry O’Keefe appeals pro se from the district court’s judgment dismissing his action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), alleging constitutional claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim. Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We affirm.

The district court properly dismissed O’Keefe’s action because defendants are entitled to judicial and quasi-judicial immunity. See Duvall v. County of Kitsap, 260 F.3d 1124, 1133 (9th Cir. 2001) (discussing judicial immunity, factors relevant to whether an act is judicial in nature, and extension of judicial immunity to officials other than judges “who perform functions closely associated with the judicial process” (citation and internal quotation marks omitted) ); Mullis v. U.S. Bankr. Court, 828 F.2d 1385, 1394 (9th Cir. 1987) (“The judicial or quasi-judicial immunity available to federal officers is not limited to immunity from damages, but extends to actions for declaratory, injunctive and other equitable relief.”).

We treat O’Keefe’s “motion for leave to file memorandum of points and authorities” (Docket Entry No. 7) as a motion to supplement the opening brief, and grant the motion. O’Keefe’s memorandum of points and authorities included with his motion has been filed.

AFFIRMED.