Eric Christian v. Christopher Hoye

668 F. App'x 736

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 25, 2016
• Docket: 15-16545
• Status: Unpublished

Opinion

MEMORANDUM **

Eric Leon Christian appeals pro se from the district court’s judgment dismissing his action alleging federal claims arising out of his incarceration. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We affirm.

The district court properly dismissed Christian’s action because Hoye is immune from suit for complying with a facially valid court order. See Engebretson v. Mahoney, 724 F.3d 1034, 1038 (9th Cir. 2013) (“[Pjublic officials who ministerially enforce facially valid court orders are entitled to absolute immunity.”); Hoffman v. Holden, 268 F.2d 280, 300 (9th Cir. 1959) (the failure to release a prisoner held on a warrant or commitment cannot form the basis of a civil rights action even if “the conviction later set aside”), overruled on other grounds by Cohen v. Norris, 300 F.2d 24 (9th Cir. 1962).

Christian’s pending motions are denied.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.