Eric Christian v. Christopher Hoye

FILED
NOT FOR PUBLICATION AUG 25 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERIC LEON CHRISTIAN, No. 15-16545
Plaintiff-Appellant, D.C. No. 2:15-cv-00305-RCJ-
GWF
v.
CHRISTOPHER HOYE, MEMORANDUM*
Defendant-Appellee.
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, District Judge, Presiding
Submitted August 16, 2016**
Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.
Eric Leon Christian appeals pro se from the district court’s judgment
dismissing his action alleging federal claims arising out of his incarceration. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for
failure to state a claim under 28 U.S.C. § 1915(e)(2)(B). Barren v. Harrington,
*
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).
152 F.3d 1193, 1194 (9th Cir. 1998) (order). We affirm.
The district court properly dismissed Christian’s action because Hoye is
immune from suit for complying with a facially valid court order. See Engebretson
v. Mahoney, 724 F.3d 1034, 1038 (9th Cir. 2013) (“[P]ublic officials who
ministerially enforce facially valid court orders are entitled to absolute
immunity.”); Hoffman v. Halden, 268 F.2d 280, 300 (9th Cir. 1959) (the failure to
release a prisoner held on a warrant or commitment cannot form the basis of a civil
rights action even if “the conviction later set aside”), overruled on other grounds
by Cohen v. Norris, 300 F.2d 24 (9th Cir. 1962).
Christian’s pending motions are denied.
AFFIRMED.
2 15-16545