Kenneth Friedman v. State of Nevada

MEMORANDUM

Kenneth A. Friedman, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations in connection with the seizure of personal property. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We review for an abuse of discretion both the denial of leave to amend, Chodos v. West Publ’g Co., 292 F.3d 992, 1003 (9th Cir.2002), and the denial of a request for recusal, United States v. Sutcliffe, 505 F.3d 944, 958 (9th Cir.2007). We affirm.

The district court properly dismissed Friedman’s claims against the prosecuting attorneys as barred by absolute immunity. See Demery v. Kupperman, 735 F.2d 1139, 1144 (9th Cir.1984) (“[Pjrosecutors are absolutely immune from civil suits alleging wrongdoing with regard to post-litigation as well as pre-litigation handling of a case.”); Ybarra v. Reno Thunderbird Mobile Home Vill., 723 F.2d 675 , 678-79 (9th Cir.1984) (absolute immunity applied to prosecutor’s decision whether to preserve or release evidence); see also Van de Kamp v. Goldstein, 555 U.S. 335,…