Hurt -v- United States District Court

Filing 2

ORDER Re Pre-filing Review. Signed by Judge Edward M. Chen on 1/29/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 1/29/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 TYRONE HURT, 9 11 For the Northern District of California United States District Court 10 No. C-13-80011 MISC EMC Plaintiff, v. ORDER RE PRE-FILING REVIEW UNITED STATES DISTRICT COURT JUDGE ALEXANDER WILLIAMS, 12 13 Defendant. ___________________________________/ 14 15 16 Plaintiff in this case is subject to pre-filing review for all complaints filed in this District 17 pursuant to a January 11, 2013 Order in the case Hurt v. All Sweepstakes Contests, No. C-12-4187 18 EMC (N.D. Cal. Jan. 11, 2012) (Docket No. 18). In that case, the Court found that Plaintiff had 19 filed twenty one lawsuits in the previous year, the majority of which had been dismissed with 20 prejudice for failure to state a claim. The Court found that Plaintiff’s complaints are “often vague, 21 confusing, or unintelligible” and that where the substance of his allegations can be discerned, they 22 are often based on specious legal theories. In many of the cases, Plaintiff had brought suit based on 23 sweeping allegations of general societal wrongs to which he had no personal connection. The 24 named defendants were often immune to suit or not clearly identified. 25 In this case, Plaintiff filed suit against the United States District Court Judge Alexander 26 Williams of the District of Maryland. The allegations in the complaint are not entirely clear, but 27 seem to concern an Order to Show Cause Judge Williams issued directing Plaintiff to show cause 28 why he should not be subject to pre-filing review in that court. Regardless of the merits of 1 Plaintiff’s claim, however, the defendant in this case is a federal judge who is immune to suit. 2 Mullis v. U.S. Bankr. Court for Dist. of Nevada, 828 F.2d 1385, 1388 (9th Cir. 1987) (“Judges are 3 absolutely immune from civil liability for damages for their judicial acts.”). 4 The Clerk of the Court is therefore directed not to file Plaintiff’s complaint in this matter. 5 6 IT IS SO ORDERED. 7 8 Dated: January 29, 2013 9 _________________________ EDWARD M. CHEN United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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