Branson
Branson v. Nott
Opinion
Lead Opinion
Choy, J.
Ronald Branson appeals pro se the district court’s dismissal of his pro se 42 U.S.C. § 1983 civil rights action and award of attorney’s fees to defendants pursuant to 42 U.S.C. § 1988 . We affirm the district court’s dismissal of Branson’s claim, but vacate the grant of attorney’s fees.
I.
Branson’s § 1983 claim arises out of a purported tort suit that he filed in propria persona in California state court over eight years ago. Branson alleges that in adjudicating his state claim, the defendant attorneys, superior court clerk, state trial judge and appellate justices, individually and through a conspiracy, deprived him of his right to procedural due process secured by the Fourteenth Amendment. In essence, Branson alleged that the defendants impeded his access to certain perceived statutory .rights, including a “right to entry of default” and the right-to voluntarily dismiss his suit.
In his underlying state action, • filed on April 7, 1987, Branson sought damages from the County of Los Angeles and several law enforcement officers for allegedly falsely arresting and imprisoning him. 1 Branson v. *290 County of Los Angeles, No. C643013 (Cal.Super.Ct. filed Apr. 7, 1987). On May 1,…