Donald Benton v. Timothy Cory

Good Law
474 F. App'x 622
United States Court of Appeals for the Ninth CircuitJuly 17, 201210-17785California490 words

Opinion

Opinion

MEMORANDUM

Donald Edward Benton appeals pro se from the district court’s order dismissing his civil rights complaint against various parties involved in his Chapter 7 bankruptcy case for lack of subject matter jurisdiction and failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291 . We review do novo, Colony Cove Props., LLC v. City of Carson, 640 F.3d 948, 955 (9th Cir.2011), and we affirm.

The district court properly concluded that, under the Barton doctrine, it lacked subject matter jurisdiction over Benton’s claims against bankruptcy trustee Timothy S. Cory and his counsel Ciei Cunningham and Christine Roberts. See Beck v. Fort James Corp. (In re Crown Vantage, Inc.), 421 F.3d 963, 970, 972 (9th Cir.2005) (Barton doctrine applies to “a bankruptcy trustee or other officer appointed by the bankruptcy court for acts done in the officer’s official capacity,” even after the bankruptcy is closed).

The district court properly concluded that August Landis, Assistant United States Trustee for Benton’s case, possesses quasi-judicial immunity, because Landis’ review of Cory’s conduct was undertaken in the course of his employment. See Balser v. Dep’t. of Justice, 327…

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