Sanders

Sanders v. Cleannet of Southern California, Inc.

Good Law
135 F. App'x 936
United States Court of Appeals for the Ninth CircuitJune 22, 2005No. 04-56887California453 words

Opinion

Lead Opinion

MEMORANDUM **

Leon Sanders appeals pro se the district court’s judgment dismissing, for lack of subject matter jurisdiction, Sanders action arising from a franchise agreement he entered into with CleanNet to receive a certain number of janitorial services accounts. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Murphey v. Lanier, 204 F.3d 911, 912 (9th Cir.2000), and we affirm.

The district court properly dismissed Sander’s 42 U.S.C. § 1983 claims against attorneys Krupp and Sepikas because Sanders failed to name a state actor. See Simmons v. Sacramento County Superior Court, 318 F.3d 1156, 1161 (9th Cir.2003) (holding that plaintiffs conclusory allegations that private lawyer was conspiring with state officers are insufficient to show that opposing counsel was acting under color of state law).

The district court properly dismissed Sanders’ claims against Judge Morrow on the basis of absolute judicial immunity. See id.

Dismissal was proper on Sanders’ remaining claims because his complaint alleged that all parties were citizens of the same state and presented no federal question. See Audette v. Int’l Longshoremen’s & Warehousemen’s Union, 195 F.3d 1107…

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