Nguyen v. Miller, 022318 FED9, 17-55480

Docket Nº:17-55480
Party Name:TONY-TUAN NGUYEN, Plaintiff-Appellant, v. FRANZ MILLER, as an individual and in his official capacity; et al., Defendants-Appellees.
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
 
FREE EXCERPT

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

NOT FOR PUBLICATION

Submitted February 13, 2018 [**]

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

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

MEMORANDUM [*]

Tony-Tuan Nguyen appeals pro se from the district court's judgment dismissing his 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 California superior courts are barred by the Eleventh Amendment); Duvall v. County of Kitsap, 260 F.3d 1124, 1133 (9th Cir. 2001) (explaining that judges are generally immune from suit for money damages and setting forth factors relevant to whether an act is...

To continue reading

FREE SIGN UP