Lehmann v. Harris et al

Filing 19

ORDER Defendant Municipal Court Judge Margie Mahony's Motion to Dismiss (Dkt. 5 ) is GRANTED. Expedited Request for Writ of Hapeas Corpus (Dkt. 4 ) is DENIED. Motion for Indigency (Dkt. 15 ) is DENIED. Motion to Expedite Writ of Habeas Corpus (Dkt. 16 ) is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) (Main Document 19 replaced on 8/30/2016) (jp).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

REUBEN D. LEHMANN,

Case No. 1:15-cv-00386-BLW

Plaintiff,
v.

ORDER

KEVIN HARRIS, et. al.,
Defendants.
The Court has before it Defendant Municipal Court Judge Margie Mahony’s
Motion to Dismiss (Dkt. 5). Judge Mahony asks the Court to dismiss the case against her,
and Plaintiff has not responded to the motion. The deadline for that response has long
passed.
Plaintiff’s Complaint is difficult to understand, but it appears to stem from a traffic
citation he received in Oregon. Plaintiff challenged the citation in court, and Judge
Mahony found him guilty. Plaintiff filed his Complaint against several individuals,
including Judge Mahony. He asserts mostly unintelligible claims. Judge Mahony asks the
Court to dismiss the claims against her on several grounds, including Eleventh
Amendment immunity. Judge Mahony is a judicial officer of the State of Oregon. As
such, Plaintiff is barred from bringing suit against her because the Eleventh Amendment
bars claims brought in federal court for damages against state officials in their official
capacity. Flint v. Dennison, 488 F.3d 816, 824–25 (9th Cir.2007). By all accounts, and as
far as the Court can tell from the Complaint, that is precisely what Plaintiff is trying to do
ORDER - 1

here – bring a claim for damages against Judge Mahony in her official capacity. And
Plaintiff has provided the Court with no evidence that Judge Mahony has waived her
immunity. Accordingly, the Court will grant the motion to dismiss.
The Court will also deny what are wholly unintelligible motions by Plaintiff –
Expedited Request for Writ of Hapeas Corpus (Dkt. 4), Motion for Indigency (Dkt. 15),
and Motion to Expedite Write of Habeas Corpus (Dkt. 16).
ORDER
IT IS HEREBY ORDERED:
1. Defendant Municipal Court Judge Margie Mahony’s Motion to Dismiss (Dkt.
5) is GRANTED.
2. Expedited Request for Writ of Hapeas Corpus (Dkt. 4) is DENIED.
3. Motion for Indigency (Dkt. 15) is DENIED.
4. Motion to Expedite Writ of Habeas Corpus (Dkt. 16) is DENIED.

DATED: August 30, 2016

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER - 2