Opinion
4:23-CV-00891-BRW
10-03-2023
HARVEY WILLIAM HUGUNIN PLAINTIFF v. JUDGE SUSAN K. LEE DEFENDANT
ORDER
BILLY ROY WILSON UNITED STATES DISTRICT JUDGE
A district court has the authority to dismiss a case sua sponte for failure to state a claim.Plaintiff alleges that Defendant, a United States Magistrate Judge in Tennessee, violated his constitutional right to a jury trial. First, Defendant is entitled to immunity. Second, Plaintiff's Complaint is nonsensical, frivolous, and states no cause of action against Defendant for which relief may be granted. Accordingly, this case is DISMISSED. The motion to proceed in forma pauperis (Doc. No. 1) is DENIED.
See Smith v. Boyd, 945 F.2d .
Schottel v. Young, 687 F.3d 370, 373 (8th Cir. 2012) (holding that a judge is immune from suit, except for non-judicial actions or for actions taken absent all jurisdiction).
Plaintiff recently filed numerous motions to proceed in forma pauperis along with frivolous complaints in the Eastern District of Arkansas. He has a history of doing this in other courts as well. If Plaintiff continues this practice, I may direct the Clerk of the Court to stop accepting his filings.
See Hugunin v. Nye, No. 1:20-CV-00053, 2020 WL 4043983, at *1 (E.D. Tenn. June 5, 2020) (noting that seven frivolous cases had been filed in the E.D. Tenn. and he is now a restricted filer); Hugunin v. Idaho, No. 1:19-CV-480-BLW, 2020 WL 1033568, at *1 (D. Idaho Mar. 3, 2020).
IT IS SO ORDERED