Gilbert Juarez v. Twenty Five Court Officers

MEMORANDUM

California state prisoner Gilberto Juarez appeals pro se from the district court’s judgment dismissing his action alleging violations of federal law in connection with the use of purportedly false evidence in his criminal prosecution and the mishandling of legal documents in subsequent proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A, and we may affirm on any basis supported by the record. Hamilton v. Brown, 680 F.3d 889 , 892-93 (9th Cir.2011). We affirm.

To the extent that Juarez alleges a claim against federal court clerks for violation of the Freedom of Information Act, the district court properly dismissed because “the provisions of the FOIA impose no obligation on the courts to produce any records in their possession.” Warth v. Dep’t of Justice, 595 F.2d 521, 522 (9th Cir.1979).

To the extent that Juarez alleges a claim against federal court clerks for violation of his due process rights, dismissal was proper because mere negligent acts by officials do not give rise to constitutional violations, and at most, Juarez alleged facts showing negligence. See Starr v. Baca, 652 F.3d 1202, 1206 (9th…