Raymond Conroy v. Michael Gordon

NOT FOR PUBLICATION FILED JUL 20 2020 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RAYMOND J. CONROY, No. 19-16057 Plaintiff-Appellant, D.C. No. 2:18-cv-02626-GMS- DMF v. MICHAEL D. GORDON, Judge of the MEMORANDUM* Superior Court at Maricopa County; STATE OF ARIZONA, Defendants-Appellees. Appeal from the United States District Court for the District of Arizona G. Murray Snow, District Judge, Presiding Submitted July 14, 2020** Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges. Raymond J. Conroy appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations of due process and his right to counsel. We have jurisdiction under 28 U.S.C. § 1291. We review de * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). novo. Brown v. Cal. Dep’t of Corr., 554 F.3d 747, 749-50 (9th Cir. 2009) (Eleventh Amendment immunity); Sadoski v. Mosley, 435 F.3d 1076, 1077 n.1 (9th Cir. 2006) (judicial immunity); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (failure to state a claim under 28 U.S.C. § 1915A). We affirm. The district court properly dismissed Conroy’s action because defendants are immune from suit. See Brown, 554 F.3d at 752 (explaining that the State has Eleventh Amendment immunity); Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir. 1986) (a judge is subject to liability only when “he acts in the clear absence of all jurisdiction, or performs an act that is not judicial in nature” (citations and internal quotation marks omitted)). AFFIRMED. 2 19-16057