Moore v. Housing Authority of City of Los Angeles, 080513 FED9, 11-56543

Docket Nº:11-56543
Party Name:DARRELL J. MOORE, Sr., Plaintiff - Appellant, v. HOUSING AUTHORITY OF THE CITY OF LOS ANGELES; et al., Defendants-Appellees
Judge Panel:Before: ALARC
Case Date:August 05, 2013
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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DARRELL J. MOORE, Sr., Plaintiff - Appellant,

v.

HOUSING AUTHORITY OF THE CITY OF LOS ANGELES; et al., Defendants-Appellees

No. 11-56543

United States Court of Appeals, Ninth Circuit

August 5, 2013

NOT FOR PUBLICATION

Submitted July 24, 2013 [**]

Appeal from the United States District Court for the Central District of California George H. Wu, District Judge, Presiding D.C. No. 2:07-cv-07632-GW-CW

Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.

MEMORANDUM [*]

Darrell J. Moore, Sr., appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants conspired and retaliated against him for his advocacy on behalf of low-income tenants. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). We affirm.

The district court properly dismissed Moore's claims against Judge White because Judge White is immune from suit for damages. See Mireles v. Waco, 502 U.S. 9, 9, 11-12 (1991) (per curiam) (judges are absolutely immune from suits for damages based on their judicial conduct except when performing nonjudicial functions or acting in the complete absence of jurisdiction).

The district court did not abuse its discretion in dismissing without leave to amend because the deficiencies in Moore's complaint could not be cured by amendment. See Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir. 2000) (en banc) (setting forth standard of review and explaining that leave to amend should be given unless the deficiencies in the complaint cannot be cured by amendment).

The district court did not abuse its discretion in denying Moore's motion to vacate the judgment because Moore's filing of his notice of appeal divested the district court of jurisdiction. See Gould v. Mutual Life Ins. Co., 790 F.2d 769, 771-72...

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