NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 3 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KENNETH BARKER, No. 16-15583
Plaintiff-Appellant, D.C. No. 2:16-cv-00304-MCE-
CKD
v.
TONY J. AGBAYANI, Jr., California MEMORANDUM*
Superior Court Judge,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted October 25, 2016**
Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges.
Kenneth Barker appeals pro se from the district court’s judgment dismissing
his 42 U.S.C. § 1983 action arising from his divorce proceedings. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Bianchi v. Rylaarsdam,
*
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).
334 F.3d 895, 898 (9th Cir. 2003). We may affirm on any basis supported by the
record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.
2008). We affirm.
Dismissal of Barker’s action was proper because Judge Agbayani, Jr. was
entitled to judicial immunity. See Mireles v. Waco, 502 U.S. 9, 11 (1991) (per
curiam) (holding that judges retain their immunity from suit when they are accused
of acting maliciously or corruptly); Ashelman v. Pope, 793 F.2d 1072, 1075 (9th
Cir. 1986) (en banc) (“Judges and those performing judge-like functions are
absolutely immune from damage liability for acts performed in their official
capacities.”).
Barker’s contentions that the district court violated his constitutional rights
are unpersuasive.
Barker’s motion for calendar preference, filed on August 8, 2016, is denied
as unnecessary.
AFFIRMED.
2 16-15583