Opinion
Civil Action No. 17-2282 (UNA)
01-17-2018
MOHSEN KHOSHMOOD, Plaintiff, v. DIANE M. BRENNEMAN, Defendant.
MEMORANDUM OPINION
Plaintiff, proceeding pro se, has submitted a complaint and an application to proceed in forma pauperis. The Court will grant the application and dismiss the case pursuant to 28 U.S.C. § 1915(e)(2), which requires dismissal of a case "at any time" the court determines that the complaint seeks monetary relief against an immune defendant.
Plaintiff alleges that Diane Brenneman, a Magistrate Judge of the Superior Court of the District of Columbia, dismissed a case he filed in that court. "Judges enjoy absolute judicial immunity from suits for money damages for all actions taken in [their] judicial capacity, unless [the] actions are taken in the complete absence of all jurisdiction." Sindram v. Suda, 986 F.2d 1459, 1460 (D.C. Cir. 1993) (per curiam) (citation omitted); see Stump v. Sparkman, 435 U.S. 349, 364 (1978) (concluding that state judge was "immune from damages liability even if his [decision] was in error"). Such "immunity is an immunity from suit, not just from ultimate assessment of damages." Mireles v. Waco, 502 U.S. 9, 11 (1991).
Without question, Judge Brenneman's dismissal of the plaintiff's civil suit is an action taken in her judicial capacity. See Burger v. Gerber, No. 01-5238, 2001 WL 1606283, at *1 (D.C. Cir. Nov. 20, 2001) (per curiam) (affirming dismissal, on judicial immunity grounds, of claim against a United States Tax Court Judge where "[t]he action about which appellant complains - ruling on a motion to dismiss a tax court petition - was well within the judge's judicial capacity"); Thomas v. Wilkins, 61 F. Supp. 3d 13, 19 (D.D.C. 2014) (finding that "judge's decision to file or deny a party's motions or requests is an action routinely performed by a judge in the course of litigation, and thus would constitute a judicial act immune from suit"), aff'd, No. 14-5197, 2015 WL 1606933 (D.C. Cir. Feb. 23, 2015). In addition, the plaintiff fails to make any showing that the judge's "actions [were] taken in the complete absence of all jurisdiction." Sindram, 986 F.2d at 1460. Accordingly, in this case, Judge Brenneman is entitled to absolute immunity.
The Court will grant the plaintiff's application to proceed in forma pauperis, and will dismiss the complaint and this action. An Order consistent with this Memorandum Opinion is issued separately. DATE: January 17, 2018
/s/_________
United States District Judge