FILED
NOT FOR PUBLICATION APR 18 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RICHARD GILLASPY, No. 11-55289
Plaintiff - Appellant, D.C. No. 2:10-cv-02128-DSF-PJW
v.
MEMORANDUM *
JONATHAN E. FIELDING; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted April 17, 2012 **
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Richard Gillaspy appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging various federal and state causes of
action in connection with his discharge from employment with the County of Los
*
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).
Angeles. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.
Olsen v. Idaho State Bd. of Med., 363 F.3d 916, 922 (9th Cir. 2004) (judicial
immunity and statute of limitations); Cholla Ready Mix, Inc. v. Civish, 382 F.3d
969, 973 (9th Cir. 2004) (failure to state a claim). We affirm.
The district court properly dismissed Gillaspy’s claims against defendants
Yaffe, Armstrong, Kriegler, Turner, and Stiglitz, because these defendants are
immune from liability. See 42 U.S.C. § 1983 (barring injunctive relief against a
judicial officer “unless a declaratory decree was violated or declaratory relief was
unavailable”); Mireles v. Waco, 502 U.S. 9, 11 (1991) (per curiam) (judges retain
their immunity from suit when they are accused of acting maliciously or
corruptly); Olsen, 363 F.3d at 923 (absolute immunity extended to agency
representatives performing functions analogous to those of a judge).
The district court properly dismissed Gillaspy’s remaining federal
constitutional claims as time-barred. See Comm. Concerning Cmty. Improvement
v. City of Modesto, 583 F.3d 690, 701 n.3 (9th Cir. 2009) (§ 1983 actions are
governed by the forum state’s statute of limitations for personal injury actions,
which in California is two years); see also Knox v. Davis, 260 F.3d 1009, 1013 (9th
Cir. 2001) (a mere continuing impact from past violations does not give rise to a
new cause of action).
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The district court properly dismissed Gillaspy’s state claims because
Gillaspy was required, but failed, to comply with the requirements of California’s
Government Code § 900 et seq. See Loehr v. Ventura Cnty. Comm. Coll. Dist.,
195 Cal. Rptr. 576, 581-82 (Ct. App. 1983) (narrow exception of Cal. Gov.
§ 905(c) applies only to claims seeking recovery of previously-earned salary or
wages, not to claims seeking “monetary damages for defendants’ alleged
misconduct in preventing [plaintiff] from rendering services through which he
might have acquired a vested right to additional amounts in salary or benefits”).
The district court did not abuse its discretion in denying Gillaspy’s motion to
declare the judgment void under Fed. R. Civ. P. 60 because Gillaspy provided no
basis for reconsideration. See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS,
Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (reviewing for an abuse of discretion
and setting forth requirements for reconsideration).
Gillaspy’s remaining contentions are unpersuasive.
Gillaspy’s petition for writ of mandamus, filed on November 8, 2011, is
denied.
Gillaspy’s opposed motion requesting an expedited ruling, filed on
February 27, 2012, is denied.
AFFIRMED.
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