WILLIAMS v. CHUNG HO CHANG (2020)

MEMORANDUM **

Arizona state prisoner Woodie Leo Williams, Jr. appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging a procedural due process claim. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A for failure to state a claim. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012). We affirm.

The district court properly dismissed Williams’s claim against defendants Judge Skiff, Judge Fisk, Montgomery, Leiter, and Chang because these defendants are entitled to judicial or prosecutorial immunity. See Garmon v. County of Los Angeles, 828 F.3d 837, 842-43 (9th Cir. 2016) (explaining prosecutorial immunity); Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir. 1986) (en banc) (explaining judicial immunity).

The district court properly dismissed Williams’s claim against defendants Atfel and Wicks because Williams failed to allege facts sufficient to show that these defendants acted under color of state law. See Polk County v. Dodson, 454 U.S. 312, 318-19 & nn. 7 & 9, 325, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981) (a private attorney and a public defender “when performing a lawyer’s traditional functions” do not act under color of state law within the meaning of § 1983).

AFFIRMED.