Calhoun

MEMORANDUM *

Rickey Calhoun appeals dismissal on the pleadings of his 42 U.S.C. § 1983 suit. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. A prosecutor is entitled to absolute immunity from damages under § 1983 “when performing the traditional functions of an advocate.” Kalina v. Fletcher, 522 U.S. 118, 131 , 118 S.Ct. 502 , 139 L.Ed.2d 471 (1997). The prosecuting attorney, Jeffrey Dernbach, engaged in the traditional functions of an advocate when he filed a declaration with the court to modify a sentence that exceeded the statutory maximum. He acted in his role as a lawyer, rather than as a complaining witness, when he reported to the court regarding communication with defense counsel. See id. at 129 , 118 S.Ct. 502 . Accordingly, Mr. Calhoun’s claims are barred by the doctrine of prosecutorial immunity.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except provided by 9th Cir. R. 36-3.