Jose Rodriguez v. Daniel Creed

MEMORANDUM

Jose Garcia Rodriguez, a California 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 imposition and enforcement of restitution as part of his criminal conviction. 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 may affirm on any ground supported by the record. Thomp son v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm.

The district court properly dismissed Rodriguez’s § 1983 claim against defendants Bratty and Brinkley because public defenders performing traditional lawyer functions are not state actors. See Miranda v. Clark County, Nev., 319 F.3d 465, 468 (9th Cir.2003) (en banc) (public defenders are not state actors).

Dismissal of Rodriguez’s § 1983 claim against Director Terhune and Warden Lopez was proper because Rodriguez failed to allege sufficient facts to show that these defendants deprived him of a federal right. See Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir.2006) (setting forth the elements of a § 1983 claim);…