Medved v. Snow et al

Filing 9

ORDER that Plaintiff's 8 (Second) Amended Complaint is dismissed with prejudice. All pending motions (Docs. 2 , 4 and 7 ) are denied as moot. The Clerk shall terminate this action. Signed by Judge David G Campbell on 11/5/2014. (LFIG)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Justin Sloan Medved,
Plaintiff,

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ORDER

v.

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No. CV-14-02191-PHX-DGC

G Murray Snow, et al.,

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Defendants.

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Pro se Plaintiff Justin Sloan Medved has sued United States District Judges John

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Joseph Tuchi and Grant Murray Snow.

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application to proceed in forma pauperis (IFP) (Doc. 2), a motion to allow electronic

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filing by a party appearing without an attorney (Doc. 4), and a motion entitled permission

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to the exercise of authority by District Judge (Doc. 7).

Docs. 1, 6, 8.

Plaintiff has also filed an

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In IFP proceedings, a district court “shall dismiss the case at any time if the court

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determines that . . . the action . . . fails to state a claim on which relief can be granted[.]”

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28 U.S.C. § 1915(e)(2). While much of § 1915 concerns prisoner litigation, § 1915(e)

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applies to all IFP proceedings. Lopez v. Smith, 203 F.3d 1122, 1126 n.7 (9th Cir. 2000)

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(en banc). “Section 1915(e)(2)(B)(ii) . . . allows a district court to dismiss[] sua sponte

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. . . a complaint that fails to state a claim[.]” Id. at 1130. “It is also clear that section

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1915(e) not only permits but requires a district court to dismiss an in forma pauperis

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complaint that fails to state a claim.” Id. at 1127.

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Plaintiff’s claim against Judges Tuchi and Snow is based on decisions they made

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in his previous lawsuits.

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(September

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(September 22, 2014). The Court has screened Plaintiff’s complaints and finds that they

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fails to state a claim on which relief can be granted. The complaints are barred by the

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doctrine of judicial immunity.

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2014);

See Medved v. Medved, No. CV-14-02005-PHX-JJT
Medved

v.

Medved,

No.

CV-14-02076-PHX-GMS

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The doctrine immunizes a judge from suit, not just from an ultimate assessment of

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damages. Mireles v. Waco, 502 U.S. 9, 11 (1991) (citing Mitchell v. Forsyth, 472 U.S.

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511, 526 (1985)). “Judicial immunity is overcome in only two sets of circumstances.

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First, a judge is not immune from liability for nonjudicial actions, i.e., actions not taken

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in the judge's judicial capacity.” Id. “[T]he factors determining whether an act by a

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judge is a ‘judicial’ one relate to the nature of the act itself, i. e., whether it is a function

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normally performed by a judge, and to the expectations of the parties, i. e., whether they

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dealt with the judge in his judicial capacity.” Stump v. Sparkman, 435 U.S. 349, 362

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(1978). “Second, a judge is not immune for actions, though judicial in nature, taken in

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the complete absence of all jurisdiction.” Mireles, 502 U.S. at 12.

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By rendering decisions in lawsuits Plaintiff filed in federal court, Judges Tuchi

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and Snow were acting in their judicial capacities and had jurisdiction. See United States

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v. Ruiz, 536 U.S. 622, 628 (2002) (“[A] federal court always has jurisdiction to determine

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its own jurisdiction.”). Plaintiff argues that the decisions of Judges Tuchi and Snow were

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malicious and erroneous. See Doc. 6, ¶¶ 9-24. Even if these allegations were true,

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however, the doctrine of judicial immunity would apply. Mireles, 502 U.S. at 11 (finding

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that “judicial immunity is not overcome by allegations of bad faith or malice”).

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Because judicial immunity bars Plaintiff’s claims and they cannot be saved
through amendment, the Court will dismiss this case with prejudice.

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IT IS ORDERED:

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1.

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Plaintiff’s (Second) Amended Complaint (Doc. 8) is dismissed with

prejudice.
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All pending motions (Docs. 2, 4 and 7) are denied as moot.

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3.

The Clerk shall terminate this action.

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Dated this 5th day of November, 2014.

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