Ray v. Rogers

Filing 6

ORDER OF DISMISSAL. This action is DISMISSED for failure to state a claim upon which relief may be granted. Signed by Judge Edward J. Davila on 1/17/2017. (Attachments: # 1 Certificate/Proof of Service)(amkS, COURT STAFF) (Filed on 1/17/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EDWARD VINCENT RAY, JR.,
United States District Court
Northern District of California

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Plaintiff,

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Case No. 16-05483 EJD (PR)
ORDER OF DISMISSAL

v.

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YVONNE GONZALEZ ROGERS,
Defendant.

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Plaintiff, a California state prisoner, filed the instant pro se civil rights action

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pursuant to 42 U.S.C. § 1983 against the Honorable Judge Yvonne G. Rogers. Plaintiff’s

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motion for leave to proceed in forma pauperis shall be addressed in a separate order.

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DISCUSSION

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A.

Standard of Review
A federal court must conduct a preliminary screening in any case in which a

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prisoner seeks redress from a governmental entity or officer or employee of a

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governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any

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cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim

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upon which relief may be granted or seek monetary relief from a defendant who is immune

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from such relief. See id. § 1915A(b)(1),(2). Pro se pleadings must, however, be liberally

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construed. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1988).
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential

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elements: (1) that a right secured by the Constitution or laws of the United States was

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violated, and (2) that the alleged violation was committed by a person acting under the

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color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988).

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B.

Plaintiff is challenging Judge Rogers’ dismissal of a prior § 1983 complaint as

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Plaintiff’s Claims

untimely and for failing to afford him equitable tolling under state law. (Compl. at 3.)
Plaintiff seeks injunctive relief and requests an order directing “Judge Rogers to re-

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United States District Court
Northern District of California

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examine her ruling while referring to the California Equitable Tolling Cases and/or that

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States Equitable Tolling Doctrines and its leading cases on that subject [sic].” (Id.)

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A federal judge is absolutely immune from civil liability for acts performed in his

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judicial capacity and, unlike the judicial immunity available to state judges sued under §

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1983, a federal judge’s immunity is not limited to immunity from damages, but extends to

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actions for declaratory, injunctive and other equitable relief. See Moore v. Brewster, 96

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F.3d 1240, 1243 (9th Cir. 1996); Mullis v. U.S. Bankruptcy Court, 828 F.2d 1385, 1394

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(9th Cir. 1987) (applying judicial immunity to actions under Bivens), cert. denied, 486

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U.S. 1040 (1988). This is because if a federal judge violates a litigant’s constitutional

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rights in a proceeding pending in federal court, Congress has provided carefully structured

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procedures for taking appeals and for petitioning for extraordinary writs in Title 28 of the

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United States Code. See id. Here, Plaintiff may not circumvent the appeals process by

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filing a civil action against Judge Rogers in order to obtain the relief he seeks.

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Accordingly, this action must be dismissed because Judge Rogers is entitled to immunity

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for her actions performed in her judicial capacity. See Moore, 96 F.3d at 1243.

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CONCLUSION

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For the reasons state above, this action is DISMISSED for failure to state a claim
upon which relief may be granted. See 28 U.S.C. § 1915A(b).
IT IS SO ORDERED.

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1/17/2017
Dated: _____________________

________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Order of Dismissal
PRO-SE\EJD\CR.16\05483Ray_dism

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