Opinion
Civil Action No. 12 0093
01-17-2012
Larry Lyle Lasko, Plaintiff, v. Thomas J. McAvoy et al., Defendants.
MEMORANDUM OPINION
This matter is before the Court on review of plaintiff's pro se complaint and application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § 1915A (requiring dismissal of a prisoner's complaint upon a determination that the complaint fails to state a claim upon which relief may be granted or seeks monetary relief from an immune defendant).
Plaintiff is a prisoner at the United States Penitentiary in Terre Haute, Indiana, suing Senior Judge Thomas J. McAvoy of the United States District Court for the Northern District of New York and Chief Judge Gary L. Sharpe of that same court for $20 million in damages. Compl. ¶¶ 6-7; id. at 13. The complaint arises from defendants' rulings in court proceedings. See generally Compl. ¶¶ 8-15.
Plaintiff mistakenly identifies the defendants as Chief Judge McAvoy and Magistrate Judge Sharpe. Compl. Caption. Judge McAvoy served as Chief Judge from 1993 to 2000; Judge Sharpe is the current Chief Judge.
Judges are absolutely immune from lawsuits predicated, as here, on their official acts. Forrester v. White, 484 U.S. 219, 225 (1988); Stump v. Sparkman, 435 U.S. 349, 355-57 (1978); Sindram v. Suda, 986 F.2d 1459, 1460 (D.C. Cir. 1993). Furthermore, a federal district court lacks subject matter jurisdiction to review the decisions of another district court. See 28 U.S.C. §§ 1331, 1332 (general jurisdictional provisions); Fleming v. United States, 847 F. Supp. 170, 172 (D.D.C. 1994), cert. denied 513 U.S. 1150 (1995). Accordingly, this case will be dismissed. A separate Order accompanies this Memorandum Opinion.
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United States District Judge