Shong-ching Tong, Plaintiff-appellant, v. Jack P. Hunt, Individually; Jennifer Wenger, Individually;martin L. Goetsch, Individually; County of Losangeles, Defendants-appellees, 124 F.3d 212 (9th Cir. 1997)

MEMORANDUM^* 

Shong-Ching Tong appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action. We affirm.¹ 

In his complaint, Tong alleged that the County of Los Angeles and a municipal court judge, commissioner and administrator violated his constitutional rights in connection with his conviction for driving without a seat belt. The district court dismissed his claims against the court commissioner, but granted him leave to amend as to the remaining defendants. Tong failed to file an amended complaint, and the district court dismissed his action for failure to prosecute.

We agree with the district court that Tong's claims against the court commissioner are barred by the doctrine of judicial immunity because the commissioner was acting in a judicial capacity in presiding at Tong's trial and sentencing. See Franceschi v. Schwartz, 57 F.3d 828, 830-31 (9th Cir. 1995).

The district court did not abuse its discretion by dismissing Tong's remaining claims for failure to prosecute in light of his failure to file an amended complaint within the time specified by the magistrate judge, despite the magistrate judge's warning that failure to do so could result in the dismissal of his case. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992).

Finally, we reject Tong's assertion that the district court improperly denied his motions to disqualify the district judge and the magistrate judge. See Liteky v. United States, 510 U.S. 540, 555 (1994).

AFFIRMED.