Indiana Low Income and Elderly Housing Development Corporation v. Duval

Filing 2

ORDER DISMISSING COMPLAINT by Judge Benjamin H Settle. (TG; cc mailed to pro se parties)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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INDIANA LOW INCOME AND
8 ELDERLY HOUSING DEVELOPMENT
CORPORATION,
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Plaintiff,
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CASE NO. C14-5222 BHS
ORDER DISMISSING
COMPLAINT

v.
ROGER DUVAL,

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Defendant.

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This matter comes before the Court on review of Indiana Low Income and Elderly

15 Housing Development Corporation’s (“Plaintiff”) complaint. Dkt. 1.
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Plaintiff alleges that Defendant Roger Duval, an Indiana State judge, abused his

17 power when he signed a divorce decree. Id.
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A federal court may dismiss sua sponte pursuant to Fed. R. Civ. P. 12(b)(6) when

19 it is clear that the plaintiff has not stated a claim upon which relief may be granted. See
20 Omar v. Sea Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987) (“A trial court may
21 dismiss a claim sua sponte under Fed. R. Civ. P. 12(b)(6) . . . . Such a dismissal may be
22 made without notice where the claimant cannot possibly win relief.”). See also Mallard

ORDER - 1

1 v. United States Dist. Court, 490 U.S. 296, 307 (1989) (there is little doubt a federal court
2 would have the power to dismiss frivolous complaint sua sponte, even in absence of an
3 express statutory provision). A complaint is frivolous when it has no arguable basis in
4 law or fact. Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984).
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In this case, Plaintiff’s complaint is frivolous because it has no arguable basis in

6 law or fact. Not only does the Court lack jurisdiction to hear a claim against an Indiana
7 State judge acting in his official capacity, but the judge is also entitled to absolute judicial
8 immunity while acting in his official capacity. Therefore, the Court DISMISSES
9 Plaintiff’s complaint.
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IT IS SO ORDERED.

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Dated this 27th day of March, 2014.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2