Jackson v. Arizona, State of et al

Filing 10

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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3.

The Clerk shall terminate this action.

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Dated this 28th day of November, 2012.

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