McPheters v. Grant

Full title: Steven L. MCPHETERS, Plaintiff--Appellant, v. A. Richard GRANT…

Court: United States Court of Appeals, Ninth Circuit

Date published: Nov 20, 2000

243 F.3d 548 (9th Cir. 2000)

Opinion

243 F.3d 548 (9th Cir. 2000) Steven L. MCPHETERS, Plaintiff--Appellant, v. A. Richard GRANT, Magistrate; Thomas F. Neville, District Court Judge; Alan Swartzman, Idaho Court of Appeals Judge; Karen Lansing, Idaho Court of Appeals Judge; Gutierrez, Idaho Court of Appeals Judge; State of Idaho, and any other persons or institutions involved in this matter, Defendants--Appellees. No. 00-35173. United States Court of Appeals, Ninth Circuit November 20, 2000

Submitted November 6, 2000 ²

2 The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

D.C. No. CV-99-00375-BLW

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding.

Before FARRIS, REINHARDT and KLEINFELD, Circuit Judges.

MEMORANDUM ¹

1 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Steven L. McPheters appeals pro se the district court's summary judgment dismissal for lack of subject matter jurisdiction of his complaint brought under 42 U.S.C. § 1983 against the State of Idaho and several Idaho state court judges. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The district court properly determined that defendants are entitled to Eleventh Amendment immunity, see Franceschi v. Schwartz, 57 F.3d 828, 831 (9th Cir.1995) (en banc), and that defendant judges and magistrate are entitled to judicial immunity, see Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir.1986) (en banc).

AFFIRMED.