Michael R. Coulter v. Michael M. Roddy

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL R. COULTER,
Plaintiff - Appellant,
v.
MICHAEL M. RODDY,
Defendant - Appellee.
No. 11-55518
D.C. No. 3:10-cv-00102-IEG-NLS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Irma E. Gonzalez, Chief District Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE and McKEOWN, Circuit Judges.
Michael Coulter appeals pro se from the district court's summary judgment
in his 42 U.S.C. § 1983 action against Michael Roddy, the Executive Officer for
the Superior Court of California, San Diego. Coulter alleges that Roddy directed
the Deputy Clerks of the San Diego County Superior Court to “improperly and
FILED
DEC 20 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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illegally deny filing” of outdated Judicial Council forms. As a result the Deputy
Clerks rejected and refused to file requests for dismissal of a civil action based
upon Roddy’s directive.
We agree with the district court that the alleged actions fall within the scope
of the Clerk of the Court's duties that are an integral part of the judicial process.
Accordingly, the district court did not err by dismissing the complaint. See Mullis
v. U.S. Bankr. Court, 828 F.2d 1385, 1390 (9th Cir. 1987) (explaining that court
clerks have absolute quasi-judicial immunity from damages for civil rights
violations when they perform tasks that are an integral part of the judicial process).
AFFIRMED.

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