John Pangelinan v. David Wiseman

MEMORANDUM

John S. Pangelinan appeals pro se from the district court’s judgment dismissing his action under Bivens v. Six Unknown Named, Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Moore v. Brewster, 96 F.3d 1240 , 1243 (9th Cir.1996) (immunity); Adams v. Johnson, 355 F.3d 1179, 1183 (9th Cir. 2004) (failure to state a claim), and we affirm.

The district court properly concluded that the judges were immune to the extent they were sued for claims arising from them decisions in Pangelinan’s lawsuits. See Moore, 96 F.3d at 1243-44 (explaining that federal judges are entitled to absolute immunity for judicial acts taken within their jurisdiction). The district court also properly concluded that the prosecutor was entitled to absolute immunity. See Kalina v. Fletcher, 522 U.S. 118, 123-24 , 118 S.Ct. 502 , 139 L.Ed.2d 471 (1997) (explaining that a prosecutor acting in the scope of his or her duties in initiating and pursuing a criminal prosecution is entitled to absolute immunity). Further, the other federal defendants were entitled to immunity to the extent they were…