Willie Lee Pree, Plaintiff-appellant, v. Gary Backus; Edward C. Reed, Defendants-appellees, 956 F.2d 275 (9th Cir. 1992)

Before SCHROEDER and T.G. NELSON, Circuit Judges, and CALLISTER,^**  District Judge.

MEMORANDUM^*** 

This is an appeal from an order dismissing the appellant, Willie Lee Pree's action against the Honorable Edward C. Reed, Jr., United States District Judge. Judge Reed had previously presided over a lawsuit in district court involving appellant Pree and Stone and Webster Engineering Corporation.

The appellant's complaint was grounded in Judge Reed's conduct of the trial, claiming that he conspired to conduct the trial in a manner that deprived appellant of his civil rights by manipulating the outcome of his action.

The district court properly dismissed this action because it was based upon the conduct of the judge acting within the scope of his authority, and as to such conduct, the judge has absolute immunity from suit. A judge will be deprived of immunity only "when he has acted in the 'clear absence of all jurisdiction.' " Stump v. Sparkman, 435 U.S. 349, 356-57 (1978) (quoting Bradley v. Fisher, 80 U.S. 335 (1872)).

AFFIRMED.