IN THE SUPREME COURT OF THE STATE OF NEVADA
RICKY NOLAN, No. 81901
Appellant,
vs.
MICHAEL P. GIBBONS; JEROME T.
FILED
TAO; BONNIE A. BULLA; AND THE JUN 1 2021
STATE OF NEVADA, A. BROWN
Res • ondents. CLE E1ME COURr
BY
EP CLERK
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court order dismissing a
civil rights action. Eighth Judicial District Court, Clark County; James
Crockett, Judge.'
Appellant Ricky Nolan instituted the underlying
action against respondents, the three sitting judges of the Nevada
Court of Appeals, after they affirmed a district court order denying Nolan's
postconviction petitions. See Nolan v. State, Docket No. 76572-COA (Order
of Affirmance, Aug. 27, 2019). The district court found that respondents
were entitled to absolute judicial immunity and dismissed Nolan's
complaint with prejudice.
Reviewing de novo, Buzz Stew, LLC u. City of N. Las Vegas,
(2008), we affirm. As the district court
correctly observed, a judge is entitled to absolute immunity for all judicial
actions over which the judge has jurisdiction. See State u. Second Judicial
Dist. Court (Ducharm),
(2002)
'Having considered the pro se brief filed by appellant, we conclude
that a response is not necessary, NRAP 46A(c), and that oral argument is
not warranted, NRAP 34(0(3). This appeal therefore has been decided
based on the pro se brief and the record.
SUPREME Collin
OF
NEVADA
'42__k- 100
(01 1947A OW).
(recognizing that judges are afforded absolute immunity in connection with
their judicial functions): see also Mireles v. Waco,
(1991)
(explaining that judicial immunity does not apply to nonjudicial actions or
actions "taken in the complete absence of all jurisdiction"). Here,
respondents are entitled to absolute judicial immunity because the
challenged action—ruling on Nolan's appeal—was a judicial action over
which they had jurisdiction.2 See Ashelman v. Pope,
(9th Cir. 1986) (listing factors for determining whether an action is judicial
for purposes of judicial immunity). Because respondents are entitled to
absolute judicial immunity, Nolan's complaint "fail[ed] to state a claim upon
which relief [could] be granted," NRCP 12(b)(5), and the district court did
not err in dismissing Nolan's complaint. See Ducharm,
(explaining that absolute judicial immunity provides immunity
from both "the imposition of civil damages [and] the burdens of litigation").
Accordingly, we
ORDER the judgment of the district court AFFIRMED.
, J.
Cadish
Herndon
2We reject Nolan's argument that respondents lacked jurisdiction, as
the record reveals that the district court entered an order denying Nolan's
petitions for genetic marker analysis before the Court of Appeals issued its
ruling.
SUPREME COURT
OF
NEVADA
2
(0) I947A 400
cc: Chief Judge, Eighth Judicial District Court
Department 24, Eighth Judicial District Court
Ricky Nolan
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0 1947A .414D:44
'
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