Clemons v. Ladenburg

Filing 3

ORDER denying 1 Plaintiff's Motion for Leave to Proceed in forma pauperis, signed by Judge Ronald B. Leighton.(DN) Modified on 9/12/2013 (DN). (cc to pltf)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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QUILLON CLEMONS,

CASE NO. C13-5746 RBL

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Plaintiff,

ORDER DENYING IFP

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v.
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DAVID B LADENBURG,
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Defendant.
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THIS MATTER is before the Court on Plaintiff Clemons’ application to proceed in

15 forma pauperis in this matter. The proposed complaint is difficult to decipher but appears to
16 allege that Pierce County District Court Judge David Ladenburg erred in computing Clemons’
17 sentence in a criminal matter. Clemons informs the Court that he has appealed the sentence and
18 filed an unsuccessful petition for writ of habeas corpus in Cause No. 11 CV 5397BHS.
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A district court may permit indigent litigants to proceed in forma pauperis upon

20 completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). The court has broad
21 discretion in resolving the application, but “the privilege of proceeding in forma pauperis in civil
22 actions for damages should be sparingly granted.” Weller v. Dickson, 314 F.2d 598, 600 (9th
23 Cir. 1963), cert. denied 375 U.S. 845 (1963). Moreover, a court should “deny leave to proceed
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ORDER DENYING IFP - 1

1 in forma pauperis at the outset if it appears from the face of the proposed complaint that the
2 action is frivolous or without merit.” Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369
3 (9th Cir. 1987) (citations omitted); see also 28 U.S.C. § 1915(e)(2)(B)(i). An in forma pauperis
4 complaint is frivolous if “it ha[s] no arguable substance in law or fact.” Id. (citing Rizzo v.
5 Dawson, 778 F.2d 527, 529 (9th Cir. 1985); Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir.
6 1984).
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It is well-settled that judges enjoy absolute judicial immunity from civil suit for judicial

8 acts taken within the scope of their jurisdiction. Pierson v Ray, 386 U.S. 547, 553-54 (1967);
9 Stump v. Sparkman, 435 U.S. 349, 355-56 (1978).
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Because Clemons’ civil claims against the Judge who sentenced him are frivolous on

11 their face, his application to proceed IFP is DENIED.
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IT IS SO ORDERED.

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Dated this 12th day of September, 2013.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER DENYING IFP - 2