J. Howard Arnold, appellant herein, filed an action in propria persona in the United States District Court for the Northern District of California, Southern Division, seeking damages against Robert L. Bostick, appellee herein, for alleged violation of his civil rights under 42 U.S.C. §§ 1981-83 and §§ 1985-86, inclusive. The complaint and amendment thereto contained inter alia the following allegations: That Robert L. Bostick was at all times mentioned therein a duly elected, qualified and acting judge of the Superior Court of the State of California in and for the County of Alameda; that as such judge appellee made an order excluding appellant from the family dwelling until further order of the court; that thereafter appellee issued an order to show cause in re contempt directed to appellant for violation of such order, and following a contempt hearing found appellant to be in contempt of court; that appellee imposed on appellant a sentence of five days in the Alameda County jail and a fine of $100 or twenty additional days in jail; that in accordance with said sentence appellant was imprisoned in the Alameda County jail for twenty-five days; and that up to the time of the filing of the complaint appellant had not regained possession of his family home.

Appellee filed a motion in the United States District Court “to dismiss the action because the complaint fails to state a claim against the defendant upon which relief can be granted.”

Both appellant and appellee filed in the district court memoranda of points and authorities and attached to appellant’s memorandum was an excerpt from the decision of the District Court of Appeal of the State of California, First Appellate District, Division Two, in the case of Frances Kelly Arnold vs. J. Howard Arnold, which decision was filed February 14, 1964. From the documents on file it appears that the contempt order complained of by appellant was made in a divorce action filed by Frances Kelly Arnold against appellant in the Superior Court. It further appears that in said action the family home of Mr. and Mrs. Arnold was found to be community property and was awarded to Mrs. Arnold, together with an interlocutory decree of divorce against appellant. A contention of appellant in the divorce action and in this case was that the Superior Court lacked jurisdiction to make an award of the community property to appellant’s wife. On appeal to the District Court of Appeal, the judgment of the Superior Court awarding an interlocutory decree of divorce to appellant’s wife and awarding to her the real property of the parties was affirmed. Concerning appellant’s claim of lack of jurisdiction the District Court of Appeal stated:

We agree.

As stated in Barr v. Matteo, 360 U.S. 564 at 569 , 79 S.Ct. 1335 at 1338 , 3 L. Ed.2d 1434 ,

We hold that the above doctrine of judicial immunity effectively precludes any recovery by appellant in his action for damages filed in the district court and that the order of the district court dismissing the action was proper.

Judgment affirmed.