Williams v. Bolton

Filing 7

ORDER that 1 Plaintiff's complaint is dismissed with prejudice. Plaintiff's request for IFP status (Doc. 2 ) and Plaintiffs motion for speedy trial (Doc. 3 ) are denied as moot. The Clerk shall terminate this action. Signed by Judge David G Campbell on 9/7/16. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Casey R. Williams,
Plaintiff,

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ORDER

v.

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No. CV-16-02508-PHX-DGC

Susan R. Bolton,

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Defendant.

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Plaintiff Casey R. Williams commenced this action by filing a pro se complaint on

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July 26, 2016. Doc. 1. Plaintiff has also filed a motion to proceed in forma pauperis

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(Doc. 2), and a motion for speedy trial (Doc. 3). For the reasons that follow, the Court

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will dismiss the complaint and deny the other motions as moot.

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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).

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sponte and prior to service of process, a complaint that fails to state a claim[.]” Id. at

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1130. A court dismissing under this statute “should grant leave to amend even if no

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request to amend the pleading was made, unless it determines that the pleading could not

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possibly be cured by the allegation of other facts.” Id. at 1127-29 (citations omitted).

“Section 1915(e)(2)(B)(ii) . . . allows a district court to dismiss, sua

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Plaintiff’s complaint suffers from multiple defects. First, Plaintiff fails to allege a

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basis for federal jurisdiction. He brings no federal claims, nor is there complete diversity

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among the parties. Plaintiff is an Arizona resident, and the only named defendant is

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Judge Susan R. Bolton of this Court. Second, although Plaintiff names Judge Bolton as a

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defendant, his complaint contains no factual allegations against her. Third, the complaint

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does not identify a plausible factual or legal basis for Plaintiff’s claim. The complaint

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consists of a single paragraph that discusses the hardship of legal fees and costs, pain and

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suffering apparently attributable to other cases filed in this Court, and the need for

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witness protection. Doc. 1.

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Plaintiff’s complaint fails to state a claim upon which relief can be granted, and

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the Court would dismiss the complaint without prejudice were it not for a more serious

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defect. Judges acting in their judicial capacity are protected from civil lawsuits by

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absolute immunity. See Mireles v. Waco, 502 U.S. 9, 11 (1991). “[Judicial] immunity is

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overcome in only two sets of circumstances. First, a judge is not immune from liability

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for nonjudicial actions, i.e., actions not taken in the judge’s judicial capacity.” Id. at 11.

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“Second, a judge is not immune for actions, though judicial in nature, taken in the

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complete absence of all jurisdiction.” Id. at 12.

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Plaintiff has filed other cases in this Court that have been dismissed for failure to

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state a claim. See Williams v. Black, 13-cv-1978-DGC, Williams v. Arpaio, 16-cv-2507-

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DLR. These cases have included fanciful allegations of war crimes, spying on Plaintiff

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by spy satellites, and demands for billions in damages. The Court concludes that Plaintiff

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can state no claim against Judge Bolton that would survive her absolute immunity, and

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therefore will dismiss this complaint without leave to amend.

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IT IS ORDERED:

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1.

Plaintiff’s complaint (Doc. 1) is dismissed with prejudice.

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2.

Plaintiff’s request for IFP status (Doc. 2) is denied as moot.

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3.

Plaintiff’s motion for speedy trial (Doc. 3) is denied as moot.

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4.

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Dated this 7th day of September, 2016.

The Clerk of Court shall terminate this action.

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