Leroy Stewart v. Vesta Minnick, Official Court Reporter

Ninth Circuit

Leroy Stewart v. Vesta Minnick, Official Court Reporter

409 F.2d 826, 1969 U.S. App. LEXIS 13375

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 6, 1969

Docket22942_1

StatusPublished

Cited by37 cases

This text of 409 F.2d 826 (Leroy Stewart v. Vesta Minnick, Official Court Reporter) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Leroy Stewart v. Vesta Minnick, Official Court Reporter, 409 F.2d 826, 1969 U.S. App. LEXIS 13375 (9th Cir. 1969).

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Opinion

PER CURIAM:

We affirm the District Court’s order dismissing appellant’s civil rights complaint (42 U.S.C. § 1983).

Appellant sued the State of California, a court reporter, and a court clerk, complaining that the appellees refused to furnish him with that portion of his state criminal trial transcript containing the prosecutor’s closing argument to the jury.

The State is not amenable to suit under the civil rights statute (Williford v. People of California (9th Cir. 1965) 352 F.2d 474); the acts charged to the individual appellees were acts performed in their capacity as quasi-judicial officers and they are clothed with judicial immunity (Cf. Peckham v. Scanlon (7th Cir. 1957) 241 F.2d 761); and the action was barred by res judicata in that appellant’s prior civil rights complaint including the same grievance was dismissed and this court denied leave to appeal in forma pauperis on the ground that the appeal was frivolous. (Sarelas v. Sheehan (7th Cir. 1965) 353 F.2d 5).

The order is affirmed.

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PER CURIAM:

We affirm the District Court’s order dismissing appellant’s civil rights complaint (42 U.S.C. § 1983).

Appellant sued the State of California, a court reporter, and a court clerk, complaining that the appellees refused to furnish him with that portion of his state criminal trial transcript containing the prosecutor’s closing argument to the jury.

The State is not amenable to suit under the civil rights statute (Williford v. People of California (9th Cir. 1965) 352 F.2d 474); the acts charged to the individual appellees were acts performed in their capacity as quasi-judicial officers and they are clothed with judicial immunity (Cf. Peckham v. Scanlon (7th Cir. 1957) 241 F.2d 761); and the action was barred by res judicata in that appellant’s prior civil rights complaint including the same grievance was dismissed and this court denied leave to appeal in forma pauperis on the ground that the appeal was frivolous. (Sarelas v. Sheehan (7th Cir. 1965) 353 F.2d 5).

The order is affirmed.

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409 F.2d 826, 1969 U.S. App. LEXIS 13375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leroy-stewart-v-vesta-minnick-official-court-reporter-ca9-1969.

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