Carrera v. County of Los Angeles

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 29 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARVIN E. CARRERA, No. 24-6929 D.C. No. 2:24-cv-05420-VBF-AS Plaintiff - Appellant, v. MEMORANDUM* COUNTY OF LOS ANGELES; DAVID J.

COWAN; LATRICE A. G. BYRDSONG, Defendants - Appellees.

Appeal from the United States District Court for the Central District of California Valerie Baker Fairbank, District Judge, Presiding Submitted May 26, 2026** Before: S.R. THOMAS, MILLER, and H.A. THOMAS, Circuit Judges.

Marvin E. Carrera appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action arising out of state court proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Sato v. Orange

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

County Dep’t of Educ., 861 F.3d 923, 927-28 (9th Cir. 2017) (dismissal under Fed. R. Civ. P. 12(b)(6) and decision regarding Eleventh Amendment immunity); Sadoski v. Mosley, 435 F.3d 1076, 1077 n.1 (9th Cir. 2006) (decision regarding judicial immunity); Omar v. Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987) (sua sponte dismissal for failure to state a claim). We affirm.

The district court properly dismissed Carrera’s claims against Judge Cowan and Commissioner Byrdsong as barred by judicial immunity and the Eleventh Amendment. See Sadoski, 435 F.3d at 1079 (explaining that judges are absolutely immune from suits for damages based on their judicial conduct except when acting “in the clear absence of all jurisdiction”); Simmons v. Sacramento County Superior Ct., 318 F.3d 1156, 1161 (9th Cir. 2003) (explaining that the Eleventh Amendment bars suit against arms of the state, including state court employees in their official capacities); Franceschi v. Schwartz, 57 F.3d 828, 830 (9th Cir. 1995) (applying judicial immunity to court commissioner acting in a judicial capacity).

The district court properly dismissed Carrera’s claims against the County of Los Angeles because Carrera failed to allege facts sufficient to state a plausible claim. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (to avoid dismissal, “a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face” (citation and internal quotation marks

2 24-6929 omitted)).

AFFIRMED.

3 24-6929