Opinion
Case: 1:17-cv-00713
04-11-2017
DASHON MARTEL HINES, Plaintiff, v. MICHAEL A. DARBY, Defendant.
(F-Deck)
Assigned To : Unassigned
Assign. Date : 4/19/2017
Description: Pro Se Gen. Civil MEMORANDUM OPINION
This matter is before the Court on plaintiff's application to proceed in forma pauperis and his pro se civil complaint. The application will be granted, and the complaint will be dismissed.
Plaintiff alleges that, on March 1, 2017, a Deputy Clerk of Court rejected his submission and thus violated rights protected by the First, Fourth, Sixth and Fourteenth Amendments to the United States Constitution and Local Civil Rule 5.1, among others. Compl. at 3-4. He demands damages of $1 million. Id. at 4-5.
The immunity that judges enjoy, see Mirales v. Waco, 502 U.S. 9 (1991), extends to clerks of court performing "tasks that are an integral part of the judicial process," Sindram v. Suda, 986 F.2d 1459, 1460 (D.C. Cir. 1993); Evans v. Suter, 260 F. App'x 726 (5th Cir. 2007) (per curiam), cert. denied, 552 U.S. 1282 (2008). Because it appears that the alleged constitutional violations committed by the defendant occurred in the course of the performance of judicial functions, judicial immunity protects him from suit. See, e.g., Jones v. U.S. Supreme Court, No. 10-0910, 2010 WL 2363678, at *1 (D.D.C. June 9, 2010) (concluding that court clerks are immune from suits for damages arising from activities such as the "receipt and processing of a litigant's filings"), aff'd, 405 F. App'x 508 (D.C. Cir. 2010), aff'd, 131 S. Ct. 1824 (2011).
The Court will grant the plaintiff's application to proceed in forma pauperis and will dismiss the complaint for failure to state a claim upon which relief can be granted. An Order is issued separately. DATE: 4-11-17
/s/_________
United States District Judge