Ali Shahrokhi v. Jerome Tao ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 24 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALI SHAHROKHI, No. 21-16171
Plaintiff-Appellant, D.C. No. 2:20-cv-02346-GMN-VCF
v.
MEMORANDUM*
JEROME T. TAO; BONNIE BULLA;
MICHAEL P. GIBBONS,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Submitted August 17, 2022**
Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges.
Ali Shahrokhi appeals from the district court’s judgment dismissing his 42
U.S.C. § 1983 action alleging constitutional claims. We have jurisdiction under 28
U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under
Federal Rule of Civil Procedure 12(b)(6) and based on absolute immunity. Milstein
*
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).
v. Cooley, 257 F.3d 1004, 1007 (9th Cir. 2001). We affirm.
The district court properly dismissed Shahrokhi’s action as barred by
judicial immunity. See Duvall v. County of Kitsap, 260 F.3d 1124, 1133 (9th Cir.
2001) (describing factors relevant to the determination of whether an act is judicial
in nature and subject to absolute judicial immunity); see also Swift v. California,
384 F.3d 1184, 1188 (9th Cir. 2004) (“It is well established that state judges are
entitled to absolute immunity for their judicial acts.”).
AFFIRMED.
2 21-16171