Kenneth Berberich v. Joanna S. Kishner

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KENNETH BERBERICH,
Plaintiff-Appellant,
v.
JOANNA S. KISHNER,
Defendant-Appellee.
No. 17-16476
D.C. No. 2:17-cv-00818-JCM-VCF
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted September 12, 2018**
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Kenneth Berberich appeals from the district court’s judgment dismissing his
42 U.S.C. § 1983 action arising from state court proceedings. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo the district court’s dismissal on the
basis of judicial immunity. Romano v. Bible, 169 F.3d 1182, 1186 (9th Cir. 1999).
* 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).
FILED
SEP 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-16476
We affirm.
The district court properly dismissed Berberich’s action because Judge
Kishner is entitled to judicial immunity. See id. (“Judges . . . are absolutely
immune from damages for acts performed within their judicial capacities.”
(emphasis omitted)); Schucker v. Rockwood, 846 F.2d 1202, 1204 (9th Cir. 1988)
(“A judge loses absolute immunity only when [the judge] acts in the clear absence
of all jurisdiction or performs an act that is not judicial in nature.”).
Appellee’s motion to dismiss (Docket Entry No. 30) is denied as moot.
AFFIRMED.

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