Murphy-Barnes v. Bank of America et al
Filing
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ORDER of dismissal. Signed by Judge Hamilton on 4/25/2014. (pjhlc2, COURT STAFF) (Filed on 4/25/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PAULETTE R. MURPHY-BARNES,
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Plaintiff,
No. C 14-0914 PJH
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v.
ORDER OF DISMISSAL
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BANK OF AMERICA, et al.,
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For the Northern District of California
United States District Court
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Defendants.
_______________________________/
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Plaintiff in the above-captioned case has filed suit against Bank of America,
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Mortgage Electronic Registration Systems (“MERS”), and Judge Marshall Whitley of the
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Alameda County Superior Court. Bank of America and MERS have moved to dismiss the
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complaint, and the court will consider that motion after plaintiff has had an opportunity to file
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an opposition brief. However, as to Judge Whitley, the court finds that it lacks subject
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matter jurisdiction over any claims asserted against him, and thus DISMISSES all such
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claims.
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Plaintiff alleges that “[t]he Alameda Superior Court Judges listed in the Complaint
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listed in the Complaint [sic] hindered the execution of the laws of the State, and of the
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United States within the State, depriving [plaintiff] of her right, privilege, immunity, and
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protections named in the Constitution and secured by law.” Even if the court could discern
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the specific nature of the claim(s) asserted against Judge Whitley (who is the only judge
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named in the complaint), any claim seeking damages (and any claim against a Superior
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Court Judge based on the conduct of judicial proceedings) would be barred, because a
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state court judge is absolutely immune from civil liability for damages for acts performed in
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his judicial capacity. See Pierson v. Ray, 386 U.S. 547, 553-55 (1967) (applying judicial
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immunity to actions under 42 U.S.C. § 1983).
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To the extent that plaintiff seeks injunctive relief in the form of an order requiring the
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federal court to supervise ongoing state judicial proceedings, the court will refrain from
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issuing any such injunction as a matter of comity. See Pulliam v. Allen, 466 U.S. 522, 539
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(1984); Younger v. Harris, 401 U.S. 37, 46 (1971).
by Judge Whitley, the claim is barred. A federal district court is prohibited from exercising
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subject matter jurisdiction over a suit that is “a de facto appeal” from a state court
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judgment. Kougasian v. TMSL, Inc., 359 F.3d 1136, 1139 (9th Cir. 2004). A federal district
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court may not examine claims that are inextricably intertwined with state court decisions,
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“even where the party does not directly challenge the merits of the state court's decision
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For the Northern District of California
To the extent that plaintiff is seeking what amounts to an appeal of an order issued
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United States District Court
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but rather brings an indirect challenge based on constitutional principles.” Bianchi v.
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Rylaarsdam, 334 F.3d 895, 900 n. 4 (9th Cir. 2003); see also Ignacio v. Judges of U.S.
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Court of Appeals, 453 F.3d 1160, 1165-66 (9th Cir. 2006).
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For these reasons, all claims asserted against Judge Whitley are DISMISSED with
prejudice.
IT IS SO ORDERED.
Dated: April 25, 2014
______________________________
PHYLLIS J. HAMILTON
United States District Judge
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