Andrew Chien v. LeClair Ryan

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-8017 ANDREW CHIEN, Plaintiff - Appellant, v. LECLAIRRYAN; WILLIAM K. GROGAN & ASSOCIATES; WILLIAM K. GROGAN, Defendants - Appellees, and CHESTERFIELD COUNTY, Defendant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O’Grady, District Judge. (1:13-cv-00993-LO-IDD) Submitted: April 17, 2014 Decided: April 21, 2014 Before WILKINSON, KING, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Andrew Chien, Appellant Pro Se. Joseph Michael Rainsbury, LECLAIR RYAN, PC, Roanoke, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Andrew Chien appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s dismissal of the claims against LeClair Ryan and William K. Grogan & Associates for the reasons stated by the district court. Chien v. Chesterfield Cty., No. 1:13-cv-00993-LO-IDD (E.D. Va. filed Nov. 6, entered Nov. 7, 2013). We affirm the district court’s dismissal of the claims against William Grogan in his capacity as a Commissioner in Chancery on alternative grounds. See MM ex rel. DM v. School Dist. of Greenville Cnty., 303 F.3d 523, 536 (4th Cir. 2002). While Grogan was a state actor, he is entitled to judicial immunity for actions taken within the scope of his official duties. See Stump v. Sparkman, 435 U.S. 349, 362 (1978) (defining factors used to determine whether an action is a judicial act). We deny Chien’s motion to expedite this decision. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 2