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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TYRONE HURT,

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For the Northern District of California

United States District Court

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No. C-13-80011 MISC EMC

Plaintiff,
v.

ORDER RE PRE-FILING REVIEW

UNITED STATES DISTRICT COURT
JUDGE ALEXANDER WILLIAMS,

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Defendant.
___________________________________/

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Plaintiff in this case is subject to pre-filing review for all complaints filed in this District

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pursuant to a January 11, 2013 Order in the case Hurt v. All Sweepstakes Contests, No. C-12-4187

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EMC (N.D. Cal. Jan. 11, 2012) (Docket No. 18). In that case, the Court found that Plaintiff had

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filed twenty one lawsuits in the previous year, the majority of which had been dismissed with

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prejudice for failure to state a claim. The Court found that Plaintiff’s complaints are “often vague,

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confusing, or unintelligible” and that where the substance of his allegations can be discerned, they

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are often based on specious legal theories. In many of the cases, Plaintiff had brought suit based on

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sweeping allegations of general societal wrongs to which he had no personal connection. The

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named defendants were often immune to suit or not clearly identified.

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In this case, Plaintiff filed suit against the United States District Court Judge Alexander

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Williams of the District of Maryland. The allegations in the complaint are not entirely clear, but

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seem to concern an Order to Show Cause Judge Williams issued directing Plaintiff to show cause

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why he should not be subject to pre-filing review in that court. Regardless of the merits of

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Plaintiff’s claim, however, the defendant in this case is a federal judge who is immune to suit.

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Mullis v. U.S. Bankr. Court for Dist. of Nevada, 828 F.2d 1385, 1388 (9th Cir. 1987) (“Judges are

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absolutely immune from civil liability for damages for their judicial acts.”).

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The Clerk of the Court is therefore directed not to file Plaintiff’s complaint in this matter.

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IT IS SO ORDERED.

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Dated: January 29, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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