Unpublished Disposition, 869 F.2d 1497 (9th Cir. 1988)

MEMORANDUM^** 

George Gordon appeals the district court's dismissal of his action under 42 U.S.C. § 1983 against the state of Idaho, Idaho Collections and its attorneys, and Idaho state court magistrates Richard Grant and Patricia Young. The district court dismissed Gordon's action under Fed. R. Civ. P. 12(b) (6). We affirm.

We review de novo the district court's dismissal for failure to state a claim. United Energy Owners Comm., Inc. v. United States Energy Management Sys., Inc., 837 F.2d 356, 360 (9th Cir. 1988).

The district court correctly dismissed Gordon's claims against each of the defendants. The Eleventh Amendment grants the state of Idaho immunity from private damage actions in federal court. See Jackson v. Hayakawa, 682 F.2d 1344, 1349 (9th Cir. 1982). Magistrates Grant and Young are absolutely immune from damages actions for judicial acts within their jurisdiction. See Schucker v. Rockwood, 846 F.2d 1202, 1204 (9th Cir. 1988), cert. denied, 57 U.S.L.W. 3412 (Dec. 12, 1988); Ryan v. Bilby, 764 F.2d 1325, 1328 n. 4 (9th Cir. 1985). Because the magistrates did not act in the "clear absence of all jurisdiction," they are immune from suit. See Stump v. Sparkman, 435 U.S. 349, 356-57 (1978). Idaho Collections and its attorneys were properly dismissed because neither privately retained attorneys nor the parties who hire them act under color of state law, see Polk County v. Dodson, 454 U.S. 312, 318-19 (1981); Schucker, 846 F.2d at 1205; Briley v. California, 564 F.2d 849, 855 (9th Cir. 1977).

The state's request for attorney's fees is denied.

AFFIRMED.