Dunlap

Dunlap v. Pretrial Services

Good Law
181 F. App'x 673
United States Court of Appeals for the Ninth CircuitMay 19, 2006No. 05-16505California450 words

Opinion

Lead Opinion

MEMORANDUM **

Larry Donnell Dunlap, an Arizona state prisoner, appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action against multiple defendants alleging violation of his Fourteenth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim under the screening provisions of 28 U.S.C. §§ 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and 1915(e)(2)(B)(ii), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998). We affirm.

The district court properly dismissed plaintiffs action because Dunlap failed to state a cognizable claim against any of the defendants and the deficiencies in his complaint cannot be cured by amendment. See Lucas v. Dep’t of Corrections, 66 F.3d 245, 248 (9th Cir.1995) (per curiam).

Dunlap failed to state a claim against John and Jane Doe of Pretrial Services because absolute immunity shields judges and those performing judge-like functions from liability for acts performed in their official capacity. See Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir.1986).

There is no cognizable claim against Cynthia Ryan and Barbara LaWall…

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