Davis

MEMORANDUM **

Donald Miller appeals the district court’s dismissal of his 42 U.S.C. § 1983 civil rights action. We affirm the district court’s dismissal of Miller’s claims as to former Governor Gray Davis in a separate published opinion, filed concurrently herewith. We affirm the dismissal of the remainder of Miller’s claims here.

The parole board’s decision whether to refer a grant of parole to the Governor for review is a quasi-judicial function, as it relies on an interpretation of the state constitutional provision and the state statute authorizing such review. Consequently, the members of the parole board are entitled to absolute immunity for their decision. See Anderson v. Boyd, 714 F.2d 906, 908-09 (9th Cir.1983). Thus, the district court properly dismissed Miller’s claims against them.

The district court also correctly held that Miller’s claims against the state agencies are barred by the Eleventh Amendment, Regents of the Univ. of Cal. v. Doe, 519 U.S. 425, 429 , 117 S.Ct. 900 , 137 L.Ed.2d 55 (1997), and that states and them agencies are not “persons” within the meaning of § 1983, Will v. Mich. Dep’t of State Police, 491 U.S. 58, 64 , 109 S.Ct. 2304 , 105 L.Ed.2d 45…