Librace v. King

Filing 4

ORDER denying 1 Motion for Leave to Proceed In Forma Pauperis and 3 Motion for Temporary Restraining Order. A district court has the authority to dismiss a case sua sponte for failure to state a claim. The named defendant is a state-court judge, and Plaintiff's claims are all related to Defendant's execution of his official duties. Because Defendant is entitled to immunity, this case is dismissed for failure to state a claim. Signed by Judge Billy Roy Wilson on 5/4/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DIVISION OF ARKANSAS
EASTERN DIVISION
DAVID LIBRACE
VS.

PLAINTIFF
2:18-cv-00066-BRW

JUDGE DURWOOD KING, in his capacity
as City Judge for West Helena/Helana and
Personally Circuit

DEFENDANT

ORDER
Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Doc. No. 1) and Motion for
Temporary Restraining Order (Doc. No. 3) are DENIED.
A district court has the authority to dismiss a case sua sponte for failure to state a claim.1
The named defendant is a state-court judge, and Plaintiff’s claims are all related to Defendant’s
execution of his official duties. Because Defendant is entitled to immunity, this case is
DISMISSED for failure to state a claim.
IT IS SO ORDERED this 4th day of May, 2018.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

See Smith v. Boyd, 945 F.2d 1041 (8th Cir. 1991).
1