Gillenwater v. Rodgers

Filing 5

ORDER DISMISSING CASE WITH PREJUDICE. The file is closed. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal)

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1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 CHARLES LEE GILLENWATER, NO: 2:17-CV-0183-TOR 8 9 10 Plaintiff, ORDER OF DISMISSAL WITH PREJUDICE v. JOHN T. RODGERS, United States Magistrate Judge, 11 Defendant. 12 13 BEFORE THE COURT are Plaintiff’s Complaint and Application to 14 Proceed In Forma Pauperis. ECF Nos. 1, 2. Plaintiff frivolously and maliciously 15 complains that his due process rights have been violated by the Magistrate Judge. 16 28 U.S.C. § 1915(e) “not only permits but requires” the court to sua sponte 17 dismiss an in forma pauperis complaint that is frivolous or malicious; fails to state 18 a claim on which relief may be granted; or seeks monetary relief against a 19 defendant who is immune from such relief. Lopez v. Smith, 203 F.3d 1122, 1126– 20 27 (9th Cir. 2000) (en banc). Plaintiff’s claims against Magistrate Judge Rodgers ORDER OF DISMISSAL WITH PREJUDICE ~ 1 1 are barred by absolute judicial immunity. See Mullis v. U.S. Bankr. Court for Dist. 2 of Nev., 828 F.2d 1385, 1388-94 (9th Cir. 1987) (noting that “[j]udges are 3 absolutely immune from civil liability for damages in their judicial acts” and 4 judicial immunity for federal officers “extends to actions for declaratory, 5 injunctive, and other equitable relief”). 6 Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma 7 pauperis if the trial court certifies in writing that it is not taken in good faith.” The 8 good faith standard is an objective one, and good faith is demonstrated when an 9 individual “seeks appellate review of any issue not frivolous.” See Coppedge v. 10 United States, 369 U.S. 438, 445 (1962). For purposes of 28 U.S.C. § 1915, an 11 appeal is frivolous if it lacks any arguable basis in law or fact. Neitzke v. Williams, 12 490 U.S. 319, 325 (1989). 13 14 The Court finds that any appeal of this Order would not be taken in good faith and would lack any arguable basis in law or fact. 15 ACCORDINGLY, IT IS HEREBY ORDERED: 16 1. This action is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. 17 § 1915(e)(2)(B) as it is frivolous and malicious, fails to state a claim on 18 which relief may be granted and seeks monetary relief against a 19 defendant who is immune from such relief. 20 ORDER OF DISMISSAL WITH PREJUDICE ~ 2 1 2 3 4 5 6 7 2. Plaintiff’s Application to Proceed In Forma Pauperis (ECF No. 2) is DENIED as moot. 3. Plaintiff is advised that the filing of further frivolous actions will result in the imposition of more serious sanctions than dismissal. The District Court Executive is directed to enter this Order, enter judgment of dismissal with prejudice, forward a copy to Plaintiff, and CLOSE the file. DATED June 6, 2017. 8 9 THOMAS O. RICE Chief United States District Judge 10 11 12 13 14 15 16 17 18 19 20 ORDER OF DISMISSAL WITH PREJUDICE ~ 3

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