Schreiner

MEMORANDUM **

Brian Schreiner appeals pro se the district court’s order dismissing his 42 U.S.C. § 1983 action alleging Snohomish County, Washington Judge David Hulbert, and his former wife’s attorney, James McCanna, violated his constitutional rights during the course of Schreiner’s marital dissolution proceedings in state court. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Moore v. Brewster, 96 F.3d 1240, 1243 (9th Cir.1996) (dismissal based on judicial immunity); Lite-On Peripherals, Inc. v. Burlington Aire Express, Inc., 255 F.3d 1189, 1192 (9th Cir.2001) (summary judgment). We affirm.

The district court properly dismissed Schreiner’s claims against Judge Hulbert because a state judge is entitled to absolute immunity for judicial actions taken within his jurisdiction. See Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922-23 (9th Cir.2004).

The district court properly granted summary judgment on Schreiner’s claims against McCanna because Schreiner failed to prove McCanna was a state actor. See Simmons v. Sacramento County Superior Court, 318 F.3d 1156, 1161 (9th Cir.2003) (holding that plaintiff cannot sue opposing counsel under section 1983,…