Unpublished Disposition, 889 F.2d 1096 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 889 F.2d 1096 (9th Cir. 1989)

Brian Patrick Spenser PERCEVAL, Plaintiff-Appellant,v.Liz GINI, Defendant-Appellee.

No. 88-15558.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 26, 1989.* Decided Nov. 17, 1989.

Before ALARCON, O'SCANNLAIN and LEAVY, Circuit Judges.


Brian Perceval, a pro se prisoner, filed this civil rights action against Liz Gini, a deputy clerk for the United States District Court in Las Vegas, Nevada. He contends that Gini twice refused to file his proffered petition for writ of habeas corpus, thereby denying him a constitutional right of access to the courts. The district court dismissed Perceval's action on the ground that Gini is entitled to quasi-judicial immunity. We affirm.

The record shows that Perceval twice unsuccessfully sought to file a petition for writ of habeas corpus with the district court. In both instances, Perceval's materials were returned to him by Gini with an explanation that his submissions did not conform to a local court requirement that pro se prisoners seeking habeas relief concurrently submit motions for leave to proceed in forma pauperis. Perceval's writ was accepted for filing when he supplied the necessary motion.

We do not need to decide whether the district court's decision to require pro se habeas petitioners to submit motions for forma pauperis status violates Perceval's constitutional right to access the courts. We agree with the district court that the deputy clerk is immune from Perceval's action. See Mullis v. United States Bankruptcy Court, Dist. of Nevada, 828 F.2d 1385, 1390 (9th Cir. 1987), cert. denied, 108 S. Ct. 2031 (1988). In Mullis, we reaffirmed that court clerks "have absolute quasi-judicial immunity from damages for civil rights violations when they perform tasks that are an integral part of the judicial process." Id. Further, a mistake or an act in excess of jurisdiction does not abrogate such immunity even it results in " 'grave procedural errors.' " Id. (quoting Stump v. Sparkman, 435 U.S. 349, 359 (1978)). Finally, we held that such immunity extends to shield court clerks from suits requesting declaratory and injunctive relief. Mullis, 828 F.2d at 1394. Mullis thereby serves to shield Gini in this case from all of Perceval's claims.



The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed. R. App. P. 34(a), Ninth Circuit Rule 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3