Jackson v. Arizona, State of et al
Filing
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ORDER Plaintiff's motion to amend (Doc. 9 ) is denied. The claims against Defendant Maricopa County are dismissed. The Clerk shall terminate this action. Signed by Judge David G Campbell on 11/28/2012. (KMG)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Anthony Dean Jackson
Plaintiff,
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ORDER
v.
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No. CV-12-01233-PHX-DGC
State of Arizona, et al.,
Defendants.
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Plaintiff Anthony Jackson has asserted claims under 42 U.S.C. § 1983 against
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Defendants State of Arizona and Maricopa County. Docs. 1, 5. On November 9, 2012,
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the Court entered an order granting the State’s motion to dismiss and noting that the
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County has not been served with either the complaint or Plaintiff’s motion for partial
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summary judgment. Doc. 8. The Court gave Plaintiff until November 28, 2012, to file a
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memorandum showing why this case should not be dismissed for failure to comply with
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Rule 4(m). On November 11, 2012, Plaintiff filed a memorandum and motion to amend,
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seeking to add Maricopa County Superior Court Judge Heilman and Michelle Daniels as
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Defendants in this case. Doc. 9. The Court will dismiss the claims against the County
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for failure to comply with Rule 4(m) and will deny the motion to amend.
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A.
Claims Against the County.
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Plaintiff has not provided proof that he has served the County as required by
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Rule 4(l) of the Federal Rules of Civil Procedure. The 120 days allowed for service by
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Rule 4(m) have elapsed. Plaintiff’s memorandum provides no justification for his failure
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to serve the County. He instead suggests that his real grievances are with Judge Heilman,
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who apparently presided over his state-court criminal trial, and Michelle Daniels, the
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apparent complainant in the state-court trial. Doc. 9. Because Plaintiff has failed to
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comply with Rule 4(m), the claims against Maricopa County will be dismissed.
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B.
Motion to Amend.
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Plaintiff asks the Court to permit amendment of his complaint to add Judge
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Heilman and Ms. Daniels as Defendants. The Court will deny the motion for three
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reasons,
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First, the amendment would be futile. Plaintiff seeks to have this Court hold that
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his state-court conviction was unlawful. A claim cannot be brought under § 1983 if “a
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judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction
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or sentence” unless the plaintiff demonstrates that the conviction or sentence has been
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reversed, expunged, or otherwise invalidated. Heck v. Humphrey, 512 U.S. 477, 486–87
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(1994); see also Wilkinson v. Dotson, 544 U.S. 74, 81–82 (2005) (“a state prisoner’s
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§ 1983 action is barred (absent prior invalidation) – no matter the relief sought (damages
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or equitable relief), no matter the target of the prisoner’s suit (state conduct leading to
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conviction or internal prison proceedings) – if success in that action would necessarily
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demonstrate the invalidity of confinement or its duration.”). Plaintiff does not allege that
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his state-court conviction has been reversed, expunged, or otherwise invalidated.
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Second, “[j]udges are immune from damage actions for judicial acts taken within
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the jurisdiction of their courts.” Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir. 1986).
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This immunity applies “even when such acts are in excess of their jurisdiction, and are
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alleged to have been done maliciously or corruptly.” Stump v. Sparkman, 435 U.S. 349,
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356 (1978).
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Third, Plaintiff’s motion fails to comply with Local Rule of Civil Procedure 15.1.
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IT IS ORDERED:
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1.
Plaintiff’s motion to amend (Doc. 9) is denied.
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2.
The claims against Defendant Maricopa County are dismissed.
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The Clerk shall terminate this action.
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Dated this 28th day of November, 2012.
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