Kyle Cheza v. Ariadne Symons

MEMORANDUM

Kyle Robert Cheza appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal constitutional and state law claims based on his criminal sentence. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U,S.C. § 1915(e)(2)(B)(ii)). We may affirm on any basis supported by the record. Hartmann v. Cal. Dep’t of Corr. & Rehab., 707 F.3d 1114, 1121 (9th Cir.2013). We affirm.

Dismissal of Cheza’s claims against the state court judge and the district attorney was proper because these defendants are immune from liability for damages under § 1983. See Waggy v. Spokane County Wash., 594 F.3d 707, 710 (9th Cir.2010) (a state prosecutor has immunity from liability under § 1983 in pursuing a criminal prosecution); Sadoski v. Mosley, 435 F.3d 1076, 1079 (9th Cir.2006) (judge did not act in “clear absence of all jurisdiction” in modifying defendant’s sentence and was entitled to judicial immunity).

Dismissal of Cheza’s claims against the public defender was…