1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BROADNAX, Case No. 23-cv-04139-JSW

8 Plaintiff, ORDER OF DISMISSAL v. 9

10 ANA DEALBA, et al., Defendants. 11

12 INTRODUCTION 13 Plaintiff, a California prisoner proceeding pro se, filed a civil rights complaint under 42

. For the reasons discussed below, the complaint is DISMISSED. 15 ANALYSIS 16 A. STANDARD OF REVIEW 17 Federal courts must engage in a preliminary screening of cases in which prisoners seek 18 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 19 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims 20 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 21 monetary relief from a defendant who is immune from such relief.

at 1915A(b)(1),(2). Pro se 22 pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't,

(9th 23 Cir. 1990). 24 Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the 25 claim showing that the pleader is entitled to relief." "Specific facts are not necessary; the 26 statement need only '"give the defendant fair notice of what the . . . . claim is and the grounds upon 27 which it rests."'" Erickson v. Pardus,

(2007) (citations omitted). Although 1 obligation to provide the ‘grounds of his ‘entitle[ment] to relief’ requires more than labels and 2 conclusions, and a formulaic recitation of the elements of a cause of action will not do.... 3 Factual allegations must be enough to raise a right to relief above the speculative level." Bell 4 Atlantic Corp. v. Twombly,

(2007) (citations omitted). A complaint 5 || must proffer "enough facts to state a claim for relief that is plausible on its face." Jd. at 1974. 6 || B. LEGAL CLAIMS 7 Plaintiff sues two judicial officers and a clerk for dismissing his case. A judge is 8 absolutely immune from civil liability for damages for acts performed in her judicial capacity. See 9 || Pierson v. Ray,

(1967) (applying judicial immunity to actions under 42

). Absolute immunity extends to other individuals, such as clerks, performing 11 functions necessary to the judicial process. Miller v. Gammie,

(9th Cir. 12 || 2003). Dismissing a case is an act performed in a judge’s judicial capacity, and, as to the clerk 13 Defendant, is a function that is necessary to the judicial process. Therefore, Defendants are 14 absolutely immune from liability for their involvement in the dismissal of his prior lawsuit or 3 15 lawsuits. a 16 CONCLUSION 3 17 In light of the foregoing, the case is DISMISSED for failure to state a claim upon which 18 || relief may be granted. The clerk shall enter judgment and close the file. 19 IT IS SO ORDERED. 20 Dated: August 18, 2023 21 22 em □□ JEFFRIEV |S. WHITE 23 United State?District Judge 24 25 26 27 28