FILED
NOT FOR PUBLICATION JAN 02 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DEREK TODD, No. 12-16588
Plaintiff - Appellant, D.C. No. 2:12-cv-01379-MCE-
GGH
v.
GARY ICHIKAWA, Judge, MEMORANDUM*
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., Chief Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Derek Todd appeals pro se from the district court’s judgment dismissing his
42 U.S.C. § 1983 action alleging that Judge Ichikawa denied Todd visitation with
his son during Easter in violation of Todd’s constitutional rights. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. § 1915(e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.
1998) (order). We affirm.
The district court properly dismissed Todd’s action because Judge Ichikawa
is immune from liability. See Mireles v. Waco, 502 U.S. 9, 9, 11-12 (1991) (per
curiam) (judges are absolutely immune from suits for damages based on their
judicial conduct except when performing nonjudicial functions or acting in the
complete absence of jurisdiction).
AFFIRMED.
2 12-16588