Farshi v. Goldsmith

Filing 3

ORDER granting 2 Motion for Leave to Proceed in forma pauperis; Sua Sponte Dismissing Complaint With Prejudice. The Clerk of the Court is ordered to close the file. Signed by Judge Michael M. Anello on 7/19/2011. (All non-registered users served via U.S. Mail Service)(leh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ESMAEIL FARSHI,

CASE NO. 11-CV-1473-MMA (CAB)

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Plaintiff,

ORDER:

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GRANTING PLAINTIFF’S
MOTION TO PROCEED IN
FORMA PAUPERIS;

v.
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JUDGE CHRISTINE K. GOLDSMITH,
individually and in her official capacity as
Justice of the Superior Court of San Diego
County,

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[Doc. No. 2]
SUA SPONTE DISMISSING
COMPLAINT WITH PREJUDICE

Defendant.

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On July 5, 2011, Plaintiff Esmaeil Farshi, proceeding pro se, filed the instant action in

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federal court. [Doc. No. 1.] Plaintiff also submitted a motion for leave to proceed in forma

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pauperis (“IFP”).

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I. Motion to Proceed In Forma Pauperis

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All parties instituting any civil action, suit or proceeding in a district court of the United

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States, except an application for writ of habeas corpus, must pay a filing fee of $350. See 28

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U.S.C. § 1914(a). An action may proceed despite a plaintiff’s failure to prepay the entire fee only

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if the plaintiff is granted leave to proceed IFP under 28 U.S.C. § 1915(a). See Rodriguez v. Cook,

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169 F.3d 1176, 1177 (9th Cir. 1999).

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According to Plaintiff’s declaration, he is currently unemployed, with no significant
sources of income or assets. [Doc. No. 2.] The Court has reviewed Plaintiff’s affidavit of assets
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11-CV-1473-MMA (CAB)

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and finds it is sufficient to show that Plaintiff is unable to pay the fees or post securities required to

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maintain this action. Accordingly, the Court GRANTS Plaintiff’s Motion to Proceed IFP under

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28 U.S.C. § 1915(a).

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II. Initial Screening Pursuant to 28 U.S.C. § 1915(e)(2)(B)

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When a court authorizes the commencement of an action by granting IFP status, the court

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is also obligated to dismiss the case “at any time” upon making a determination that the action

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“fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii); see also

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Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) (“It is also clear that section 1915(e) not only

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permits but requires a district to dismiss an in forma pauperis complaint that fails to state a claim.”

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(emphasis added)); Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) (per curiam) (finding that

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the provisions of § 1915(e)(2)(B) “are not limited to prisoners”).

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Plaintiff brings his complaint pursuant to 42 U.S.C. § 1983, alleging violations of his rights

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as guaranteed under the Fourth, Fifth, Sixth, and Fourteenth Amendments of the U.S. Constitution.

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[Doc. No. 1.] According to Plaintiff, Defendant Christine K. Goldsmith, a judge of the San Diego

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Superior Court, violated Plaintiff’s rights when she granted his ex-wife the use, control, and

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possession of certain real property in the course of proceedings held in family court. [Id. at p.2.]

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Plaintiff claims that Defendant “did not consider” certain evidence submitted regarding the

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impending foreclosure on his house, resulting in deprivation of property under the Fifth and

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Fourteenth Amendments. [Id.] In addition, Plaintiff claims that Defendant delayed his case in

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court in violation of the Sixth Amendment, and restrained him from selling his property in

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violation of the Fourth Amendment. [Id.] Plaintiff requests injunctive and declaratory relief, as

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well as reimbursement for the costs of litigation. [Id. at p.3.]

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Defendant is shielded from Plaintiff’s claims by the doctrine of judicial immunity. It is a

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well-established and generally recognized principle of law “that a judicial officer, in exercising the

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authority vested in him, [should] be free to act upon his own convictions, without apprehension of

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personal consequences to himself.” Stump v. Sparkman, 435 U.S. 349, 356 (1978) (quoting

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Bradley v. Fisher, 13 Wall. 335, 347 (1872)). As a result, “judges of courts of superior or general

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jurisdiction are not liable to civil actions for their judicial acts, even when such acts . . . are alleged
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to have been done maliciously or corruptly.” Id. at 356 (quoting Breadley, 13 Wall. at 351).
The only relevant inquiry for determining whether a defendant judge is immune in any

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given instance “is whether at the time he took the challenged action he had jurisdiction over the

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subject matter before him.” Id. Here, Defendant, as a judge in a court of general jurisdiction, was

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not acting outside of her authority in issuing an order regarding the distribution of assets between

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Plaintiff and his ex-wife. Therefore, Defendant is entitled to absolute immunity for any actions

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taken in her official capacity, and Plaintiff cannot state a valid claim against her under § 1983. See

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Olsen v. Idaho Bd. of Med., 363 F.3d 916, 922 (9th Cir. 2004).

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Accordingly, Plaintiff’s Complaint is hereby DISMISSED with prejudice. The Clerk of the
Court is ordered to close the file.
IT IS SO ORDERED.

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DATED: July 19, 2011
Hon. Michael M. Anello
United States District Judge

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