1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SEAN LYON JOHNSON, Case No. 22-cv-02664-SI

8 Plaintiff, ORDER ADOPTING REPORT AND 9 v. RECOMMENDATION AND DISMISSING CASE 10 KELLI EVANS, et al., Re: Dkt. No. 8 11 Defendants.

12 13 On May 23, 2022, Magistrate Judge Beeler entered a Report and Recommendation advising 14 this Court to dismiss plaintiff Sean Lyon Johnson’s complaint for failure to plead legally viable 15 claims. Dkt. No. 8. Johnson filed an objection on June 6, 2022. Dkt. No. 10 (captioned “notice of 16 appeal”). The Court finds Johnson’s submission unpersuasive and will adopt the Report and 17 Recommendation and dismiss the case. 18 In an underlying state court lawsuit, Johnson was unsatisfied with (1) the damages amount 19 awarded to him by Judge Kelli Evans of the Alameda County Superior Court, and (2) how two state 20 court deputy clerks performed their duties. Id. at 1. He sued all three in the Northern District of 21 California to obtain a written apology, the removal or reassignment of Judge Evans and one of the 22 clerks, and $10,000 from each defendant. Id. at 2. Magistrate Judge Beeler correctly observed that 23 Judge Evans is absolutely immune from liability for damages for decisions arising out of the exercise 24 of her judicial functions, Mireles v. Waco,

(1991); Sharnese v. California,

App’x 820, 822–23 (9th Cir. 2013), and that such immunity extends to individuals—such as the 26 court clerks—performing functions necessary to the judicial process. Miller v. Gammie,

, 895–96 (9th Cir. 2003). And to the extent Johnson challenges the Judge Evans’ decisions, the 1 direct or de facto appeals from state-court judgments. D.C. Ct. of Appeals v. Feldman,

(1983); Rooker v. Fid. Trust Co.,

(1923). 3 The lawsuit is DISMISSED without leave to amend. 4 5 IT IS SO ORDERED. 6 || Dated: June 22, 2022 Sate WU tee 7 SUSAN ILLSTON 8 United States District Judge 9 10 11 12

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