Judd

Judd v. Pama Bangeman

Good Law
357 F. App'x 839
United States Court of Appeals for the Ninth CircuitDecember 7, 200907-56815California243 words

Opinion

Opinion

MEMORANDUM

Dana Judd and Gregory Curfman appeal pro se from the district court’s judgment dismissing their action brought under 42 U.S.C. § 1983 and the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968 . We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir.2003) (Rooker-Feldman doctrine); Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004) (judicial immunity); Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004) (failure to state a claim). We affirm.

The district court properly dismissed the claims against the state court judges because they are entitled to absolute immunity for actions undertaken in their judicial capacities. See 42 U.S.C. § 1983 (barring injunctive relief against a judicial officer “unless a declaratory decree was violated or declaratory relief was unavailable.”).

The district court properly dismissed the RICO claim because plaintiffs failed to allege with sufficient particularity a pattern of racketeering activity cognizable under the RICO statute. See Fed.R.Civ.P. 9(b); Miller v. Yokohama Tire Corp., 358 F.3d 616, 620 (9th Cir.2004); see…

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