Symon Mandawala v. Era Living LLC

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SYMON MANDAWALA,
Plaintiff-Appellant,
v.
ERA LIVING LLC,
Defendant-Appellee.
No. 23-35345
D.C. No. 2:22-cv-01179-RAJ
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Richard A. Jones, District Judge, Presiding
Submitted March 26, 2024**
Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.
Symon Mandawala appeals pro se from the district court’s judgment
dismissing his federal civil rights action alleging that defendant, its attorney in
prior state court litigation, and a state court judge, conspired to violate his rights.
We have jurisdiction under 28 U.S.C. § 1291. We review de novo a sua sponte
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2). Mandawala’s request for
oral argument, set forth in the opening brief, is denied.
FILED
APR 2 2024
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 23-35345
dismissal for failure to state a claim. Omar v. Sea-Land Serv., Inc., 813 F.2d 986,
991 (9th Cir. 1987). We may affirm on any basis supported by the record.
Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008). We affirm.
To the extent Mandawala alleged claims against a state court judge, the
district court properly dismissed the claims as barred by judicial immunity. See
Duvall v. County of Kitsap, 260 F.3d 1124, 1133 (9th Cir. 2001) (describing
factors relevant to the determination of whether an act is judicial in nature and
subject to absolute judicial immunity).
To the extent Mandawala alleged claims against defendant and its attorney,
dismissal of the claims was proper because Mandawala failed to allege facts
sufficient to state any plausible claim. See Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009) (explaining that, to avoid dismissal, “a complaint must contain sufficient
factual matter, accepted as true, to state a claim to relief that is plausible on its
face” (citation and internal quotation marks omitted)).
AFFIRMED.

-- 2 of 2 --