Opinion
No. CV03-02-S-BLW
January 29, 2003
ORDER
This case was reassigned to this Court by the Honorable Mikel H. Williams for lack of consent. Plaintiff's Complaint was conditionally filed on January 2, 2003. The Court now reviews the Complaint to determine whether summary dismissal is appropriate. See 28 U.S.C. § 1915(e) and 1915A. The Court also reviews Plaintiff's other pending motions. Having reviewed the record, and otherwise being fully informed, the Court enters the following Order.
I. REVIEW OF COMPLAINT
The Court is required to review complaints seeking relief against a governmental entity or an officer or employee of a governmental entity to determine whether summary dismissal is appropriate. 28 U.S.C. § 1915. The Court must dismiss a complaint or any portion thereof which states frivolous or malicious claim, which fails to state a claim upon which relief may be granted, or which seeks monetary relief from a defendant who is immune from such relief 28 U.S.C. § 1915(e)(2)(B).
Plaintiff sues Idaho State District Judge Horton for dismissing his lawsuit. Plaintiff's suit is subject to dismissal because Judge Horton is judicially immune. Under the doctrine of absolute judicial immunity, a judge is not liable for monetary damages for acts performed in the exercise of his judicial functions. Stump v. Sparkman, 435 U.S. 349, 98 S.Ct. 1099 (1978). In addition, a federal court has no jurisdiction over "challenges to state-court decisions, in particular cases arising out of judicial proceedings, even if those challenges alleges that the state court's action was unconstitutional." District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983). This rule applies "even though . . . the challenge is anchored to alleged deprivations of federally protected . . . rights." Id., at 486 (citations omitted).
Because it appears that giving Plaintiff an opportunity to amend his Complaint would be futile, the Court shall dismiss the Complaint for failure to state a claim upon which relief can be granted. The Court warns Plaintiff that any further such filings shall be deemed grounds for issuing "strikes" under 28 U.S.C. § 1915(g). Under that section, if an inmate files three or more complaints which are frivolous or which fail to state a claim upon which relief can be granted, he is no longer allowed to file complaints in forma pauperis, unless he is in danger is immediate bodily harm, but instead must pay the $150.00 filing fee and effect service himself
Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) ( en banc).
II. ORDER
NOW THEREFORE IT IS HEREBY ORDERED that Plaintiff's Complaint is DISMISSED for failure to state a claim upon which relief can be granted. Plaintiff is warned that he shall be issued a "strike" under 28 U.S.C. § 1915(g) for any such similar filings in the future.
IT IS FURTHER HEREBY ORDERED that Plaintiff's Motion to Proceed in Forma Pauperis (Docket No. 1) is MOOT.