713 Fed.Appx. 653 (9th Cir. 2018), 17-55480, Nguyen v. Miller

Docket Nº:17-55480
Citation:713 Fed.Appx. 653
Party Name:TONY-TUAN NGUYEN, Plaintiff-Appellant, v. Franz MILLER, as an individual and in his official capacity; et al., Defendants-Appellees.
Attorney:Tony-Tuan Nguyen, Vietnamese American Justice Foundation, Fountain Valley, CA, for Plaintiff-Appellant Sarah Lee Overton, Attorney, Cummings, McClorey, Davis, Acho & Associates, P.C., Riverside, CA, for Defendants-Appellees Franz Miller, Robert Moss, Timothy Stafford, Orange County Superior Court...
Judge Panel:Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
Case Date:February 23, 2018
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 653

713 Fed.Appx. 653 (9th Cir. 2018)

TONY-TUAN NGUYEN, Plaintiff-Appellant,

v.

Franz MILLER, as an individual and in his official capacity; et al., Defendants-Appellees.

No. 17-55480

United States Court of Appeals, Ninth Circuit

February 23, 2018

Submitted February 13, 2018 [*]

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

Appeal from the United States District Court for the Central District of California, Cormac J. Carney, District Judge, Presiding, D.C. No. 8:16-cv-02137-CJC-DFM

Tony-Tuan Nguyen, Vietnamese American Justice Foundation, Fountain Valley, CA, for Plaintiff-Appellant

Sarah Lee Overton, Attorney, Cummings, McClorey, Davis, Acho & Associates, P.C., Riverside, CA, for Defendants-Appellees Franz Miller, Robert Moss, Timothy Stafford, Orange County Superior Court

Andrew D. Weiss, Attorney, Law Offices of Andrew D. Weiss, Lake Forest, CA, for Defendants-Appellees Thien Kinh Tran, Thu Hien Nguyen, Andrew Weiss

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.

MEMORANDUM[**]

Tony-Tuan Nguyen appeals pro se from the district court’s judgment dismissing his

Page 654

42 U.S.C. § 1983 action alleging federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal under Fed.R.Civ.P. 12(b)(6). Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). We affirm.

Appellees Thien Kinh Tran, Thu Hien Thi Nguyen, and Andrew Weiss’s motion for summary affirmance (Docket Entry No. 9) is granted because the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982). The briefing schedule as to these appellees is vacated as moot.

The district court properly dismissed Nguyen’s claims against the Orange County Superior Court, Miller, Moss, and Stafford on the bases of Eleventh Amendment and judicial immunity. See Simmons v. Sacramento Cty. Superior Court, 318 F.3d 1156, 1161 (9th Cir. 2003) (suits against...

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