Martinez

Appellant Phillip Martinez appeals pro se the district court’s summary judgment in favor of Appellee Municipal Court Judge Robison and the court’s dismissal of Martinez’s § 1983 action against the City of Newport Beach et al. Martinez’s § 1983 cause of action arose out of a dispute with a neighbor that led to his arrest by the Newport Beach Police Department and the revocation of his parole on a federal sentence. Martinez alleges that Appellees violated his constitutional rights by conspiring to imprison him.

I. FACTS AND PROCEEDINGS BELOW

Martinez was arrested in December of 1993 for exhibiting a firearm and/or deadly weapon in violation of California Penal Code § 417(a)(1) and for assault with a deadly weapon in violation of California Penal Code § 245(a)(1). Eventually, all charges against Martinez were dismissed. In April 1994, Martinez filed a petition to expunge and seal his arrest records. Because Martinez failed to appear at the municipal court hearing before Appellee Judge Robison, the court denied his petition on August 17, 1994. On September 23, 1994, Martinez filed a Motion for Reconsideration of the Court’s Order Denying his Petition to Expunge and Seal his Arrest…