Luna v. Caracas

Filing 7

ORDER ADOPTING In Part 4 Findings and Recommendations, signed by District Judge Dale A. Drozd on 6/12/17. Amended Complaint Due Within Twenty One Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OSCAR LUNA,

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Plaintiff,

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No. 1:17-cv-00567-DAD-SAB

v.

ORDER ADOPTING IN PART FINDINGS
AND RECOMMENDATIONS

CHARMAE CARACAS,
(Doc. No. 4)

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Defendant.

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Plaintiff Oscar Luna, proceeding pro se and in forma pauperis, brings this civil rights

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action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 26, 2017, the assigned magistrate judge filed findings and recommendations,

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recommending that this court dismiss plaintiff’s complaint without leave to amend. (Doc. No. 4.)

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The findings and recommendations were served on plaintiff and contained notice that any

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objections thereto were to be filed within twenty-one days. (Id.) Plaintiff filed objections and a

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declaration in support thereof on May 1, 2017. (Doc. Nos. 5–6.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, including plaintiff’s

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objections, the court finds the findings and recommendations to be supported by the record and

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by proper analysis.

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Plaintiff objects to the findings and recommendations on the ground that his state court

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case was closed sua sponte by defendant, without an order by the judge. The court finds this

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argument unavailing. Even if plaintiff’s state court case was closed in error, defendant Caracas,

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acting in her official capacity as Clerk Supervisor of the Fresno County Superior Court, “has

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absolute quasi-judicial immunity because [her] challenged activities were an integral part of the

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judicial process.” Sharma v. Stevas, 790 F.2d 1486, 1486 (9th Cir. 1986); accord Mullis v. U.S.

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Bankr. Court for Dist. of Nevada, 828 F.2d 1385, 1390 (9th Cir. 1987). Here, plaintiff is alleging

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defendant refused to file documents in his state court action because that case was closed.

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Absolute judicial immunity provides the official with immunity from damages liability as long as

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she performed a judicial act and did not act in the clear absence of jurisdiction, “even if [her]

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exercise of authority is flawed by the commission of grave procedural errors.” Stump v.

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Sparkman, 435 U.S. 349, 357, 359 (1978). Accordingly, the undersigned concurs with the

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magistrate judge’s findings and recommendations with regard to the claims set forth in plaintiff’s

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complaint.

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Plaintiff also contends for the first time in his objections that his due process rights were

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violated when his state court case was sua sponte closed by the clerk’s office. Plaintiff presented

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no such allegations or state such a due process claim in his complaint. In light of this new claim

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presented for the first time in his objections, plaintiff will be granted an opportunity to amend his

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complaint to attempt to state a cognizable due process claim if he so wishes.

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Accordingly,

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1. The April 26, 2017 findings and recommendations (Doc. No. 4) are adopted in part;

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2. Plaintiff’s claims for damages against defendant Caracas are dismissed without leave

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to amend;

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3. Plaintiff will be granted leave to file an amended complaint within twenty-one days of

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the date of this order to attempt to allege a cognizable due process claim; and
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4. If plaintiff fails to file an amended complaint in compliance with this order and within

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the time period provided, this action shall be dismissed for failure to state a claim.

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IT IS SO ORDERED.
Dated:

June 12, 2017
UNITED STATES DISTRICT JUDGE

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