DEREK TODD V. GARY ICHIKAWA, No. 12-16588 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 02 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT DEREK TODD, No. 12-16588 Plaintiff - Appellant, D.C. No. 2:12-cv-01379-MCEGGH v. GARY ICHIKAWA, Judge, MEMORANDUM* Defendant - Appellee. Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., Chief Judge, Presiding Submitted December 17, 2013** Before: GOODWIN, WALLACE, and GRABER, Circuit Judges. Derek Todd appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action alleging that Judge Ichikawa denied Todd visitation with his son during Easter in violation of Todd s constitutional rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). U.S.C. § 1915(e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We affirm. The district court properly dismissed Todd s action because Judge Ichikawa is immune from liability. See Mireles v. Waco, 502 U.S. 9, 9, 11-12 (1991) (per curiam) (judges are absolutely immune from suits for damages based on their judicial conduct except when performing nonjudicial functions or acting in the complete absence of jurisdiction). AFFIRMED. 2 12-16588

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