JOHNSON v. BORGES

Filing 3

Entry and Order Dismissing Action - Plaintiff's 2 Motion for Leave to Proceed in forma pauperis is GRANTED. The complaint fails to contain a legally viable claim against the defendant. Dismissal of the action pursuant to 28 U.S.C. 1915A(b) is therefore mandatory. Judgment consistent with this Entry shall now issue. Signed by Judge Tanya Walton Pratt on 8/1/2012. Copy Mailed. (JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
MICHAEL K JOHNSON,
Plaintiff,
vs.
JUDGE LISA F. BORGES,
Defendant.

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1:12-cv-954 TWP-MJD

Entry and Order Dismissing Action
I.
The request to proceed in forma pauperis [Dkt. 2] is granted.
The plaintiff sues a state judge for rulings made in the course of proceedings
in which the plaintiff is involved. The plaintiff seeks two hundred million dollars in
damages.
Because the plaintiff is a prisoner, his complaint is subject to the screening
required by 28 U.S.C. ' 1915A(b). Pursuant to this statute, “[a] complaint is subject
to dismissal for failure to state a claim if the allegations, taken as true, show that
plaintiff is not entitled to relief.” Jones v. Bock, 127 S. Ct. 910, 921 (2007). That is
precisely the case here, where the plaintiff’s claim is barred by the defendant’s
undoubted judicial immunity. See Mireles v. Waco, 502 U.S. 9, 11-12 (1991)(judicial
immunity can only be overcome in two circumstances: (1) when the actions were not
taken in the judge’s official capacity; or (2) if the action is taken in complete lack of
jurisdiction).
For the reason explained above, the complaint fails to contain a legally viable
claim against the defendant. Dismissal of the action pursuant to 28 U.S.C. '
1915A(b) is therefore mandatory, Gladney v. Pendleton Corr. Facility, 302 F.3d 773,
775 (7th Cir. 2002), and judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.

08/01/2012
Date: _________________

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

Distribution:
MICHAEL K JOHNSON
973475
Indiana State Prison
One Park Row
Michigan City, IN 46360