Armstrong v. Warner
Filing
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ORDER - 1. Plaintiff's application to proceed in forma pauperis (Doc. 2 ) is granted. 2. Plaintiff's complaint (Doc. 1 ) is dismissed with prejudice. 3. Plaintiff's motion to appoint guardian ad litem (Doc. 6 ) is denied. 4. The C ourt certifies, pursuant to 28 U.S.C. § 1915(a)(3) and the Federal Rule of Appellate Procedure 24(a)(3)(A), that any appeal of this decision would not be taken in good faith. (See document for further details). Signed by Judge David G Campbell on 7/3/17. (LAD)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Andre William Armstrong,
Plaintiff,
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ORDER
v.
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No. CV-17-01726-PHX-DGC
Randall Warner,
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Defendant.
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Pro se Plaintiff Andre Armstrong has filed a complaint alleging various wrongs by
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Maricopa County Superior Court Judge Randall Warner, including allegations that Judge
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Warner did not abide by the Arizona Constitution, Arizona rules, and various statutes.
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Doc. 1. Plaintiff has filed an application to proceed in forma pauperis (Doc. 2) and a
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motion to appoint a guardian ad litem (Doc. 6). The Court will dismiss this action and
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deny Plaintiff’s motion to appoint a guardian ad litem.
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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). Section 1915(e)(2)(B)(ii) allows a district court to dismiss a
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claim sua sponte. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000).
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Judges are absolutely immune from suits for damages for their judicial acts, except
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when those acts are taken “in the clear absence of all jurisdiction.” Stump v. Sparkman,
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435 U.S. 349, 356-357 (1978); Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir. 1986).
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An act is “judicial” when it is a function normally performed by a judge and the parties
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dealt with the judge in his or her judicial capacity. Stump, 435 U.S. at 362; Crooks v.
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Maynard, 913 F.2d 699, 700 (9th Cir. 1990).
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regarding Defendant Warner are related to actions he performed in a judicial capacity.
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Defendant Warner is therefore immune from suit. The Court finds that Plaintiff’s claims
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cannot be cured by the allegation of additional facts and will therefore dismiss the
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complaint without leave to amend. Lopez, 203 F.3d at 1127 (leave to amend should be
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granted unless the district court “determines that the pleading could not possibly be cured
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by the allegation of other facts”).
In this case, Plaintiff’s allegations
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The Court will deny Plaintiff’s motion to appoint a guardian ad litem. Doc. 6. See
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Ingram v. City of San Francisco, 2012 WL 3257805 (N.D. Cal. 2012) (declining to
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appoint a guardian ad litem where plaintiff failed to raise meritorious claims); Perri v.
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Obama, 2011 WL 685826, *3 (E.D.N.Y. 2011) (appointment of a guardian ad litem
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would be futile where it appears that no guardian could save plaintiff’s claims from
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dismissal); M.F. ex rel. Branson v. Malott, 2012 WL 1950274, *7 (S.D. Ohio 2012)
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(appointment of a guardian ad litem would serve no useful purpose because it appears
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that no guardian ad litem could save the complaint from dismissal); see also Mandeville
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v. Wertheimer, 2002 WL 432689 (S.D.N.Y. 2002) (“When considering the appointment
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of a guardian ad litem, the Court while seeking to protect a litigant’s interests, must also
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be mindful of its obligation to avoid any potential waste of judicial resources through the
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unnecessary appointment of a guardian ad litem.”).
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IT IS ORDERED:
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1.
Plaintiff’s application to proceed in forma pauperis (Doc. 2) is granted.
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2.
Plaintiff’s complaint (Doc. 1) is dismissed with prejudice.
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3.
Plaintiff’s motion to appoint guardian ad litem (Doc. 6) is denied.
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The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3) and the Federal
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Rule of Appellate Procedure 24(a)(3)(A), that any appeal of this decision
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would not be taken in good faith.
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Dated this 3rd day of July, 2017.
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