Ali Shahrokhi v. Jerome Tao

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 24 2022

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALI SHAHROKHI, No. 21-16171

Plaintiff-Appellant, D.C. No. 2:20-cv-02346-GMN-VCF v.

MEMORANDUM* JEROME T. TAO; BONNIE BULLA; MICHAEL P. GIBBONS,

Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada Gloria M. Navarro, District Judge, Presiding Submitted August 17, 2022**

Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges.

Ali Shahrokhi appeals from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and based on absolute immunity. Milstein

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. v. Cooley, 257 F.3d 1004, 1007 (9th Cir. 2001). We affirm.

The district court properly dismissed Shahrokhi’s action as barred by judicial immunity. See Duvall v. County of Kitsap, 260 F.3d 1124, 1133 (9th Cir. 2001) (describing factors relevant to the determination of whether an act is judicial in nature and subject to absolute judicial immunity); see also Swift v. California, 384 F.3d 1184, 1188 (9th Cir. 2004) (“It is well established that state judges are entitled to absolute immunity for their judicial acts.”).

AFFIRMED.

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