Archibald Cunningham v. Michael Coombs

MEMORANDUM

Archibald Cunningham, an attorney, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims arising out of arbitration and state court proceedings involving his property. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(6). Kahle v. Gonzales, 487 F.3d 697, 699 (9th Cir. 2007). We may affirm on any ground supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir. 2008). We affirm.

The district court properly dismissed the claims against Attorney General Har-ria on the basis of Eleventh Amendment immunity. See Ass’n des Eleveurs de Canards'et d’Oies du Quebec v. Harris, 729 F.3d 937, 943 (9th Cir. 2013) (discussing Eleventh Amendment immunity).

The district court properly dismissed Cunningham’s claims against Judge Cheng, and Justices Kline and Richman, on the basis of judicial immunity and because they are not proper parties under § 1983. See Wolfe v. Strankman, 392 F.3d 358, 365 (9th Cir. 2004) (judges are not proper defendants in a § 1983 action challenging a state law when acting as…