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Qian Chen v. Martinez

United States Court of Appeals, Ninth Circuit
Jul 7, 2009
328 F. App'x 564 (9th Cir. 2009)

Opinion

No. 08-35398.

Submitted June 16, 2009.

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

Filed July 7, 2009.

Qian Chen, Seattle, WA, pro se.

Appeal from the United States District Court for the Western District of Washington. Robert S. Lasnik, Chief Judge, Presiding. D.C. No. 2:08-cv-00427-RSL.

Before: PAEZ, TALLMAN, and N.R. SMITH, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Qian Chen appeals pro se from the district court's judgment dismissing pursuant to 28 U.S.C. § 1915(e)(2)(B) his action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), against a district court judge. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir. 2005), and we affirm.

The district court properly dismissed the action because Judge Martinez is entitled to absolute judicial immunity for his decisions in Chen's prior lawsuit against the University of Washington. See Moore v. Brewster, 96 F.3d 1240, 1243-44 (9th Cir. 1996) (explaining that federal judges are entitled to immunity for judicial acts taken within their jurisdiction).

AFFIRMED.


Summaries of

Qian Chen v. Martinez

United States Court of Appeals, Ninth Circuit
Jul 7, 2009
328 F. App'x 564 (9th Cir. 2009)
Case details for

Qian Chen v. Martinez

Case Details

Full title:QIAN CHEN, Plaintiff-Appellant, v. Ricardo S. MARTINEZ, United States…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 7, 2009

Citations

328 F. App'x 564 (9th Cir. 2009)