RICHARD GILLASPY V. JONATHAN FIELDING, No. 11-55289 (9th Cir. 2012)

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FILED APR 18 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RICHARD GILLASPY, No. 11-55289 Plaintiff - Appellant, D.C. No. 2:10-cv-02128-DSF-PJW v. MEMORANDUM * JONATHAN E. FIELDING; et al., Defendants - Appellees. Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. Richard Gillaspy appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action alleging various federal and state causes of action in connection with his discharge from employment with the County of Los * 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). Angeles. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Olsen v. Idaho State Bd. of Med., 363 F.3d 916, 922 (9th Cir. 2004) (judicial immunity and statute of limitations); Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004) (failure to state a claim). We affirm. The district court properly dismissed Gillaspy s claims against defendants Yaffe, Armstrong, Kriegler, Turner, and Stiglitz, because these defendants are immune from liability. See 42 U.S.C. § 1983 (barring injunctive relief against a judicial officer unless a declaratory decree was violated or declaratory relief was unavailable ); Mireles v. Waco, 502 U.S. 9, 11 (1991) (per curiam) (judges retain their immunity from suit when they are accused of acting maliciously or corruptly); Olsen, 363 F.3d at 923 (absolute immunity extended to agency representatives performing functions analogous to those of a judge). The district court properly dismissed Gillaspy s remaining federal constitutional claims as time-barred. See Comm. Concerning Cmty. Improvement v. City of Modesto, 583 F.3d 690, 701 n.3 (9th Cir. 2009) (§ 1983 actions are governed by the forum state s statute of limitations for personal injury actions, which in California is two years); see also Knox v. Davis, 260 F.3d 1009, 1013 (9th Cir. 2001) (a mere continuing impact from past violations does not give rise to a new cause of action). 2 11-55289 The district court properly dismissed Gillaspy s state claims because Gillaspy was required, but failed, to comply with the requirements of California s Government Code § 900 et seq. See Loehr v. Ventura Cnty. Comm. Coll. Dist., 195 Cal. Rptr. 576, 581-82 (Ct. App. 1983) (narrow exception of Cal. Gov. § 905(c) applies only to claims seeking recovery of previously-earned salary or wages, not to claims seeking monetary damages for defendants alleged misconduct in preventing [plaintiff] from rendering services through which he might have acquired a vested right to additional amounts in salary or benefits ). The district court did not abuse its discretion in denying Gillaspy s motion to declare the judgment void under Fed. R. Civ. P. 60 because Gillaspy provided no basis for reconsideration. See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (reviewing for an abuse of discretion and setting forth requirements for reconsideration). Gillaspy s remaining contentions are unpersuasive. Gillaspy s petition for writ of mandamus, filed on November 8, 2011, is denied. Gillaspy s opposed motion requesting an expedited ruling, filed on February 27, 2012, is denied. AFFIRMED. 3 11-55289

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