Simon

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 20 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PHILLIP WALTER SIMON, No. 25-1727 D.C. No. 3:25-cv-00107-CAB-MSB Plaintiff - Appellant,

v.

MEMORANDUM*

DEBORAH A. CUMBA,

Defendant - Appellee.

Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding

Submitted February 18, 2026**

Before: CALLAHAN, FRIEDLAND, and BRESS, Circuit Judges.

Phillip Walter Simon appeals pro se from the district court’s judgment

dismissing his 42 U.S.C. § 1983 action alleging constitutional claims arising from

a child support case in state court. We have jurisdiction under 28 U.S.C. § 1291.

We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(6) on

* 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). the basis of judicial immunity. Sadoski v.…