Tretiak

Tretiak v. Del Papa

Good Law
23 F. App'x 676
United States Court of Appeals for the Ninth CircuitNovember 13, 2001No. 00-17248; D.C. No. CV-99-01571-LDGCalifornia569 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Tretiak appeals 1 pro se the district court’s dismissal with prejudice of his 42 U.S.C. §§ 1983 & 1985 action arising from two disciplinary proceedings brought against him, first, by the State of Nevada Securities Division and, second, by NASD Regulation, Inc. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not err when it dismissed Tretiak’s claims arising from the state disciplinary proceedings in early 1997, the ALJ’s decision or the adoption of that decision in mid-1997, and the state’s issuance of a press release in June 1997. These claims were barred by the statute of limitations because they accrued more than two years before Tretiak filed his complaint on November 5,1999. Nev.Rev. Stat. § 11.190(4)(e)(2001); Perez v. Seevers, 869 F.2d 425, 426 (9th Cir.1989). The district court also properly dismissed Tretiak’s claim based upon the draft proposed order because absolute immunity protects state agency officials who are performing functions comparable to either judges or prosecutors. See Romano v.. Bible, 169 F.3d 1182, 1186-88 (9th Cir.1999).

The district court correctly dismissed Tretiak’s claims arising from…

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