RAYMOND ROBINSON V. DAVID RUBIN, No. 08-56379 (9th Cir. 2013)
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FILED MAY 22 2013 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RAYMOND ROBINSON, No. 08-56379 Plaintiff - Appellant, D.C. No. 3:08-cv-00244-DMSBLM v. DAVID RUBIN; BRIAN CORNELL, MEMORANDUM * Defendants - Appellees. Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding Submitted May 14, 2013 ** Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges. Raymond Robinson appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action alleging that Judge David Rubin conspired with Officer Brian Cornell to violate Robinson s due process rights by relying on Cornell s testimony during a state court infraction proceeding. We have * 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). jurisdiction under 28 U.S.C. § 1291. We review de novo. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). We affirm. The district court properly dismissed Robinson s action because defendants are 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); Briscoe v. LaHue, 460 U.S. 325, 342-43 (1983) (police officers who testify in judicial proceedings are absolutely immune from civil liability). AFFIRMED. 2 08-56379
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