Marks

Marks v. Stewart

Good Law
68 F. App'x 53
United States Court of Appeals for the Ninth CircuitJune 17, 2003No. 02-15350; D.C. No. CV-97-01656-EHC(VAM)California514 words

Opinion

Lead Opinion

MEMORANDUM **

Arizona state prisoner Roy Junior Marks appeals the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional rights by denying him parole eligibility, job placement and access to the courts and by interfering with his legal mail. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo both the district court’s dismissal under 28 U.S.C. § 1915A dismissal and its summary judgment, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994) (per curiam), and we affirm.

The district court properly dismissed Marks’ claims against the state court judges, prosecutors and members of the Board of Executive Clemency because those defendants are immune from liability. See Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir.1986) (holding that judges and prosecutors are immune from liability for damages under section 1983); Sellars v. Procunier, 641 F.2d 1295, 1303 (9th Cir.1981) (concluding that members of parole board are entitled to absolute quasi-judicial immunity for performance of their duties). Moreover, Marks’ claims against the public defender…

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