Ivan Moore v. Richard Fruin

MEMORANDUM

Ivan Rene Moore appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process and equal protection violations by the state court judge who presided over an unlawful detainer action involving Moore. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo and may affirm on any ground supported by the record. Thompson v. Paul, 547 F.Bd 1055, 1058-59 (9th Cir.2008). We affirm.

The district court properly dismissed Moore’s claims for damages because defendant is immune from damages liability for his judicial actions. See Sadoski v. Mosley, 435 F.3d 1076, 1079 (9th Cir.2006) (judges are absolutely immune from suits for damages based on judicial conduct unless acting “in the clear absence of all jurisdiction” (citations and internal quotation marks omitted)). We reject Moore’s contention that he alleged non-judicial conduct that would not be covered by judicial immunity.

The district court properly dismissed Moore’s claims for injunctive relief because Moore failed to allege facts sufficient to show that a declaratory decree was violated. See 42 U.S.C. § 1983 ; see also Saldana v. Occidental Petroleum Corp., 774 F.3d…