Pierce v. Kane et al
Filing
5
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/12/13 GRANTING 2 Motion to Proceed IFP and RECOMMENDING that this action be dismissed with prejudice. Referred to Judge William B. Shubb, Jr.; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
RONALD PIERCE,
11
Plaintiff,
12
vs.
13
No. 2:13-cv-0482 WBS CKD PS
STEPHEN KANE,
14
ORDER AND
Defendant.
15
FINDINGS AND RECOMMENDATIONS
/
16
Plaintiff is proceeding in this action pro se. Plaintiff has requested authority
17
pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this
18
court by Local Rule 72-302(c)(21).
19
Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is
20
unable to prepay fees and costs or give security for them. Accordingly, the request to proceed in
21
forma pauperis will be granted. 28 U.S.C. § 1915(a).
22
The federal in forma pauperis statute authorizes federal courts to dismiss a case if
23
the action is legally “frivolous or malicious,” fails to state a claim upon which relief may be
24
granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C.
25
§ 1915(e)(2).
26
/////
1
1
A claim is legally frivolous when it lacks an arguable basis either in law or in fact.
2
Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28
3
(9th Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an
4
indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke,
5
490 U.S. at 327.
6
In order to avoid dismissal for failure to state a claim a complaint must contain
7
more than “naked assertions,” “labels and conclusions” or “a formulaic recitation of the elements
8
of a cause of action.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-557 (2007). In other
9
words, “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory
10
statements do not suffice.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). Furthermore, a
11
claim upon which the court can grant relief has facial plausibility. Twombly, 550 U.S. at 570.
12
“A claim has facial plausibility when the plaintiff pleads factual content that allows the court to
13
draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 129
14
S. Ct. at 1949. When considering whether a complaint states a claim upon which relief can be
15
granted, the court must accept the allegations as true, Erickson v. Pardus, 127 S. Ct. 2197, 2200
16
(2007), and construe the complaint in the light most favorable to the plaintiff, see Scheuer v.
17
Rhodes, 416 U.S. 232, 236 (1974).
18
In this action, plaintiff alleges claims against four state court judges. Although
19
plaintiff’s complaint is rambling and at times incoherent, it is apparent from the exhibits attached
20
to the complaint that plaintiff brings claims against the named defendants arising out of their
21
conduct as judicial officers. See Complaint, Exh. D, E. Plaintiff seeks damages in the amount of
22
five million dollars.1 “Judges and those performing judge-like functions are absolutely immune
23
1
24
25
26
Plaintiff also seeks injunctive relief against the Judicial Council of California requiring
that plaintiff be removed from a vexatious litigant list maintained by the Administrative Office of
the Courts (“AOC”). Neither the Judicial Council nor the AOC are named as defendants. To the
extent plaintiff is requesting that a vexatious litigant order be vacated, plaintiff’s claim is an
impermissible collateral attack on a prior state court decision. A federal district court does not
have jurisdiction to review errors in state court decisions in civil cases. Dist. of Columbia Court
2
1
from damage liability for acts performed in their official capacities.” Ashelman v. Pope, 793
2
F.2d 1072, 1075 (9th Cir. 1986). Immunity attaches even if the acts were in error or were
3
performed maliciously. Stump v. Sparkman, 435 U.S. 349, 356-57 (1978). As all of the
4
allegations of the complaint relate to the performance of official duties integral to the judicial
5
process, defendants are absolutely immune from liability. This action should therefore be
6
dismissed with prejudice.
7
8
In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s request
to proceed in forma pauperis is granted; and
9
IT IS HEREBY RECOMMENDED that this action be dismissed with prejudice.
10
These findings and recommendations are submitted to the United States District
11
Judge assigned to the case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
12
days after being served with these findings and recommendations, any party may file written
13
objections with the court and serve a copy on all parties. Such a document should be captioned
14
“Objections to Findings and Recommendations.” Any reply to the objections shall be served and
15
filed within ten days after service of the objections. The parties are advised that failure to file
16
objections within the specified time may waive the right to appeal the District Court's order.
17
Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
18
Dated: March 12, 2013
19
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
20
21
4 pierce482.ifp.57
22
23
24
25
26
of Appeals v. Feldman, 460 U.S. 462, 476 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413,
415 (1923); see also Branson v. Nott, 62 F.3d 287, 291-92 (9th Cir.1995) (finding no subject
matter jurisdiction over section 1983 claim seeking, inter alia, implicit reversal of state trial court
action).
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?