Westbrook v. Moseley et al

Filing 13

MEMORANDUM OPINION and ORDER... that all claims asserted by plaintiff in the above-captioned action be, and are hereby, dismissed under the authority 28 USC 1915(e)(2)(B). See Order for further specifics. (Ordered by Judge John McBryde on 11/24/2009) (krg)(copy to TXED; copy to Pltf) (uls).

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DEBORAH WESTBROOK,
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IN THE UNITED STATES DISTR CT ,,~or.,u.~ DISTRI CT C O l J l n XAS,OR'tHERN DISTRICTOFTEXAS NORTHERN DISTRICT OF T .'. FILED FORT WORTH DIVISIO

Plaintiff, VS.

NO. 4,09-CV-699-A

MOSELEY, MOSELEY &
MOSELEY, ET AL.,

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Defendants.

MEMORANDUM OPINION and ORDER

Plaintiff, Deborah Westbrook, initiated the above-captioned action by the filing of a handwritten, one-paragraph complaint on July 8, 2009. The nature of plaintiff's claim was unclear from In July 2009, the Magistrate Judge

the wording of her complaint.

to whom the case had been referred required plaintiff to answer a questionnaire providing specificity as to the nature of her claim. 2009. Plaintiff responded to the questionnaire in late August At the same time, she filed a motion to amend her

complaint. l

IThe court is treating plaintiff's motion to amend her complaint as the filing of an amended complaint.

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King conducted a probate proceeding,

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(b) the way the attorneys

Plaintiff's answer to the questionnaire and the allegations in her amended complaint disclose that plaintiff is complaining of (al the manner in which State Probate Court Judge Steve M.

with the firm of Moseley, Moseley & Moseley conducted themselves in advance of and during the course of that proceeding, and (el the rulings Judge King made at the conclusion of the proceeding . Because plaintiff is proceeding in forma pauperis, her complaint is subject to sua sponte dismissal under 28 U.S.C.
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1915(e) (2) (B).

Section 1915(e) (2) (B) provides for sua sponte

dismissal if the court finds that the complaint is either frivolous or fails to state a claim upon which relief may be granted. A claim is frivolous if it '1lacks an arguable basis in
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either fact or law.
(1989).

Neitzke v . Williams, 490 U. S . 319, 325

A complaint fails to state a claim upon which relief can

be granted when, assuming that all the allegations in the complaint are true even if doubtful in fact, such allegations fail to raise a right to relief above the speculative level. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S. Ct. 1955,
1965 (2007)

(internal quotation marks and citations omitted).

The court is unable to find any allegation in plaintiff's amended complaint that could form the basis for the court to
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provide plaintiff any relief in this action. making against him. anyone of which she complains. arguable basis in either fact or law.

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Judge King enjoys The appearance is that

absolute immunity from claims such as plaintiff seems to be Even if that were not so, plaintiff does not

allege any facts that would support a grant by this court against

plaintiff's claims are frivolous in the sense that they lack an

Therefore, the court ORDERS that all claims asserted by plaintiff in the above-captioned action be, and are hereby,
dismissed under the authority of 28 U.S.C. SIGNED
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1915(e) (2) (B).

November~,

2009.

District Jud e

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