Russell v. Clifton
Filing
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ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis. The Clerk shall file and docket plaintiff's complaint [1-1]. Plaintiff's complaint is dismissed without prejudice with leave to amend within thirty days. Signed by Magistrate Judge Valerie P. Cooke on 6/3/13. (Copies have been distributed pursuant to the NEF - DN)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RUSSELL,
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Plaintiff,
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v.
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JUDGE DAVID CLIFTON and
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JUDGE DAVID HARDY,
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Defendants.
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3:12-cv-00648-LRH-VPC
REPORT AND RECOMMENDATION
OF U.S. MAGISTRATE JUDGE
June 3, 2013
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Before the court is plaintiff’s application for leave to proceed in forma pauperis,
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accompanied by his pro se complaint, which was filed on December 11, 2012 (#1; #1-1). 1 The court
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has thoroughly reviewed the record, and grants plaintiff’s application to proceed in forma pauperis
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(#1), but dismisses plaintiff’s complaint (#1-1) without prejudice to renew.
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I.
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Plaintiff’s Application to Proceed In Forma Pauperis
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In plaintiff’s application and financial affidavit, plaintiff indicates that he has no monthly
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income or assets, and that he is currently homeless (#1, pp. 1-2). Based upon the foregoing, the
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court finds that plaintiff does not have sufficient funds to pay the filing fee in this case.
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Accordingly, the court grants plaintiff’s application to proceed in forma pauperis (#1).
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II. Screening Pursuant to 28 U.S.C. § 1915
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A federal court must dismiss a case in which in forma pauperis status is granted if the court
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determines that the plaintiff’s claims are frivolous, malicious, fail to state a claim upon which relief
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Refers to the court’s docket numbers.
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may be granted, or seek monetary relief from a defendant who is immune from such relief. 28
U.S.C. § 1915(e)(2); see also Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (en banc) (section
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1915(e) applies to all in forma pauperis complaints—not just those filed by prisoners). Accordingly,
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the court will now review plaintiff’s complaint (#1-1).
III. Plaintiff’s Complaint
Plaintiff has filed a civil rights complaint pursuant to 42 U.S.C. § 1983, against defendant
David Clifton, a judge in Reno Justice Court, and defendant David Hardy, a judge in the Second
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Judicial District Court for the County of Washoe (#1-1, p. 2). In his complaint, plaintiff alleges that
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both defendants have frustrated his efforts to appeal multiple state court cases by making poor
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rulings and/or denying plaintiff’s in forma pauperis applications. Id. at 4. Plaintiff also alleges that
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defendant Hardy granted his application to proceed in forma pauperis, but that “[n]o order has been
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issued to the justice court to forward the cases to the district court.” Id. at 5. It appears that plaintiff
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claims that these actions violate his constitutional rights to due process, equal protection, and access
to the courts. Id. at 4.
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Plaintiff states he is suing defendants in both their individual and official capacities, and
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requests: (1) an order vacating “the [state court] judgment against me to extend an order against
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stalking and harassment;” (2) declaratory relief on whether a state court judge may deny a litigant’s
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in forma pauperis appeal; and (3) an order transferring his cases in Reno Justice Court to the Second
Judicial District Court. Id. at 9.
IV. Discussion
a. Judicial Immunity
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Immunities that were well established when 42 U.S.C. § 1983 was enacted were not
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abrogated by § 1983. See Buckley v. Fitzsimmons, 509 U.S. 259, 268 (1993). Absolute immunity
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has been granted to “the President, judges, prosecutors, witnesses, and officials performing ‘quasijudicial’ functions, and legislators.” Fry v. Melaragno, 939 F.2d 832, 836 (9th Cir. 1991) (citation
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omitted). “Judges are [absolutely] immune from damage actions for judicial acts taken within the
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jurisdiction of their courts.” Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir. 1986) (en banc); see
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also Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008); Houghton v. Osborne, 834 F.2d 745, 750
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(9th Cir. 1987). Immunity does not extend, however, to actions for prospective injunctive relief.
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Ashelman, 793 F.2d at 1075 (citing Pierson v. Ray, 386 U.S. 547, 554-55 (1967)); Partington v.
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Gedan, 961 F.2d 852, 860 n.8 (9th Cir. 1992). Judicial immunity applies “however erroneous the act
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may have been, and however injurious in its consequences it may have proved to the plaintiff.”
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Cleavinger v. Saxner, 474 U.S. 193, 199-200 (1985) (citation omitted). Judges retain their immunity
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when they are accused of acting maliciously or corruptly, see Mireles v. Waco, 502 U.S. 9, 11 (1991)
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(per curiam); Stump v. Sparkman, 435 U.S. 349, 356-57 (1978); Meek v. County of Riverside, 183
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F.3d 962, 965 (9th Cir. 1999); Tanner v. Heise, 879 F.2d 572, 576 (9th Cir. 1989), and when they are
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accused of acting in error, see Meek, 183 F.3d at 965; Schucker v. Rockwood, 846 F.2d 1202, 1204
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(9th Cir. 1988) (per curiam); Ashelman, 793 F.2d at 1075. In fact, a judge loses absolute immunity
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only when the judge acts in the “clear absence of all jurisdiction” or “performs an act that is not
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‘judicial’ in nature.” Ashelman, 793 F.2d at 1075 (citations omitted).
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Here, plaintiff has sued Judge David Clifton and Judge David Hardy for making poor rulings
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and/or denying plaintiff’s in forma pauperis applications, which has allegedly frustrated plaintiff’s
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efforts to appeal multiple state court cases. These allegations clearly indicate that defendants’ acts
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were made in the course and scope of their employment. On those grounds, both defendants would
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be absolutely immune in a suit for monetary damages.
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b. The Rooker-Feldman Doctrine
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However, plaintiff does not appear to request monetary damages, but asks the court to
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become involved in plaintiff’s state court proceedings. Although plaintiff’s complaint is not a model
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of clarity, it appears that plaintiff is asking the court to vacate a state court judgment, determine state
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court jurisdictional issues, and transfer cases from Reno Justice Court to the Second Judicial District
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Court for the County of Washoe.
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The Rooker-Feldman doctrine is a well-established jurisdictional rule that prevents federal
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courts from second-guessing state court decisions by barring the lower federal courts from hearing
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de facto appeals from state court judgments. See Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923);
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D.C. Ct. of Appeals v. Feldman, 460 U.S. 462 (1983); Bianchi v. Rylaarrsdam, 334 F.3d 895 (9th
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Cir. 2003). In Noel v. Hall, the Ninth Circuit explained the doctrine as follows:
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If a federal plaintiff asserts as a legal wrong an allegedly erroneous decision by a state
court, and seeks relief from a state court judgment based on that decision, RookerFeldman bars subject matter jurisdiction in federal district court. If on the other hand,
a federal plaintiff asserts as a legal wrong an allegedly illegal act or omission by an
adverse party, Rooker-Feldman does not bar jurisdiction.
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341 F.3d 1148, 1154 (9th Cir. 2003). In analyzing the Rooker-Feldman doctrine, the district court
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must pay close attention to the relief sought by the federal court plaintiff. Bianchi, 334 F.3d at 900.
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Rooker-Feldman applies where the plaintiff does not directly contest the merits of a state court
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decision, but rather, attempts to bring a suit that is a de facto appeal from a state court judgment.
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Reusser v. Wachovia Bank, N.A., 525 F.3d 855, 859 (9th Cir. 2008). “A federal action constitutes
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such a de facto appeal where ‘claims raised in the federal court action are ‘inextricably intertwined’
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with the state court’s decision such that the adjudication of the federal claims would undercut the
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state ruling or require the district court to interpret the application of state laws or procedural rules.’”
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Id.
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Here, it appears that the Rooker-Feldman doctrine bars plaintiff’s claims. As the Bianchi
court noted, it is immaterial that plaintiff frames his federal complaint as a constitutional challenge
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to the state court’s decisions, rather than as a direct appeal of those decisions. See Bianchi, 334 F.3d
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at 898, n. 4. Rooker-Feldman prevents lower federal courts from exercising jurisdiction over any
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claim that is “inextricably intertwined” with a state court’s decision, even where the plaintiff does
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not directly challenge the state court’s rulings, but brings an indirect challenge based on
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constitutional principles. See id. Thus, the court finds that insofar as plaintiff is asking this court to
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overturn a state court decision, the Rooker-Feldman doctrine bars this claim.
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The court finds that plaintiff’s current complaint does not apprise the court of any viable civil
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rights claims. The court will give plaintiff one opportunity to amend his complaint in order to clarify
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his factual allegations and legal claims in the framework of a 42 U.S.C. § 1983 action.
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V.
Conclusion
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IT IS THEREFORE ORDERED that plaintiff’s application to proceed in forma pauperis
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(#1) is GRANTED. Plaintiff shall be permitted to file his federal complaint without payment of the
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filing fee. This Order granting in forma pauperis status shall not extend to the issuance of subpoenas
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at government expense.
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IT IS FURTHER ORDERED that the Clerk shall FILE AND DOCKET plaintiff’s
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complaint (#1-1).
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IT IS FURTHER ORDERED that plaintiff’s complaint is DISMISSED WITHOUT
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PREJUDICE WITH LEAVE TO AMEND. Plaintiff shall have thirty (30) days from the date of
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entry of this Order to file an amended complaint. If plaintiff does not file an amended complaint
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within the time allowed, or if plaintiff files an amended complaint that fails to state a claim upon
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which relief may be granted, the undersigned Magistrate Judge may recommend that the court
dismiss plaintiff’s action with prejudice.
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DATED: June 3, 2013.
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_____________________________________
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UNITED STATES MAGISTRATE JUDGE
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