Robert M. Schucker v. Terry G. Rockwood James C. Fukuhara Dewar, Romig & Rockwood, Inc. Anne D. McGowan Delay, Laredo & McGowan Maurice Jourdane

Schucker appeals pro se the district court’s dismissal of his 42 U.S.C. § 1983 action. Schucker alleged that he had been deprived of his liberty and property without due process of law. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review a dismissal of an action de novo. Whittington v. Whittington, 733 F.2d 620, 621 (9th Cir.1984). Dismissal of a pro se complaint without leave to amend is proper only if it is “ ‘absolutely clear that the deficiencies of the complaint could not be cured by amendment.’ ” Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir.1987), quoting Broughton v. Cutter Laboratories, 622 F.2d 458, 460 (9th Cir.1980) (per curiam). Schucker does not contend that the district court should have allowed him to amend his complaint nor does he suggest what amendment he would make had he been allowed to do so.

The district court dismissed Schucker’s claim against Judge Jourdane on the ground that the judge was absolutely immune from civil liability. Schucker now argues that Judge Jourdane acted in the “clear absence” of jurisdiction because a notice of appeal had been filed in the California Court of Appeal arising from the community property dispute…