Mark Godwin v. Rebecca Fleming

MEMORANDUM

Former California state prisoner Mark A. Godwin appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging denial of access to the courts. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion denial of leave to amend, Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir.2000) (en banc), and we affirm.

The district court did not abuse its discretion by dismissing Godwin’s complaint after concluding that further amendment would be futile. See Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir.2011) (“Although leave to amend should be given freely, a district court may dismiss without leave where a plaintiffs proposed amendments would fail to cure the pleading deficiencies and amendment would be futile.”); see also Curry v. Castillo (In re Castillo), 297 F.3d 940, 947, 952 (9th Cir.2002) (absolute judicial immunity “extends to nonjudicial officers for all claims relating to the exercise of judicial functions,” including some administrative acts “which taken out of context would appear ministerial, but when viewed in context are actually a part of the judicial function” (citation and…