Opinion
SA-24-CV-00328-XR
04-16-2024
ALLEN WEAH, Plaintiff, v. TRAVIS COUNTY COURT AT LAW #1, Defendant.
To the Honorable United States District Judge Xavier Rodriguez:
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES MAGISTRATE JUDGE
Before the Court in the above-styled cause of action is Plaintiff's pro se Application to Proceed in District Court without Prepaying Fees or Costs and Complaint [#1], which was automatically referred to the undersigned upon filing for disposition and a review of the pleadings pursuant to 28 U.S.C. § 1915(e). By his motion, Plaintiff seeks leave to proceed in forma pauperis (“IFP”) based on his inability to afford court fees and costs associated with this case. Plaintiff's attached Complaint raises various causes of action against a Travis County court. The undersigned has authority to enter this report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). Having considered the IFP motion and documentation provided by Plaintiff, the undersigned will recommend Plaintiff's motion to proceed IFP be granted but that his Complaint be dismissed pursuant to 28 U.S.C. §1915(e).
I. Analysis
A. Plaintiff's motion to proceed IFP should be granted.
All parties instituting any civil action, suit, or proceeding in a district court of the United States, except an application for a writ of habeas corpus, must pay a filing fee of $350, as well as an administrative fee. See 28 U.S.C. § 1914(a). Plaintiff's motion to proceed IFP includes his income and asset information, which indicates that Plaintiff does not have sufficient monthly resources available to pay the filing fee. The undersigned will therefore recommend that Plaintiff's motion to proceed IFP be granted.
The administrative fee, which is currently $55, is waived for plaintiffs who are granted IFP status. See District Court Miscellaneous Fee Schedule, available at http://www.uscourts.gov/services-forms/fees/district-court-miscellaneous-fee-schedule.
B. Plaintiff's Complaint should be dismissed.
Pursuant to 28 U.S.C. § 1915(e), this Court may screen any civil complaint filed by a party proceeding in forma pauperis to determine whether the claims presented are (1) frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek monetary relief against a defendant who is immune from such relief. See 28 U.S.C. § 1915(e)(2)(B).
Plaintiff's Complaint sues Travis County Justice of the Peace Precint 5 (referred to in his Civil Cover Sheet as “Travis County Court Law 1”). (Complaint [#1-1], at 1) (Civil Cover Sheet [#1-1].) Plaintiff's Complaint essentially seeks to challenge a final judgment regarding an eviction against him in the County Court. (Complaint [#1-1], at 1-8, 31-32.) Plaintiff also seeks the removal of the judge, Judge Livingston, who issued the eviction order and final judgment in the case. The exhibits Plaintiff attached to his Complaint indicate that Plaintiff has already appealed the County Court judgment. (Complaint [#1-1], at 36-46.)
Plaintiff's Complaint must be dismissed. Lower federal courts “do not have the power to modify or reverse state court judgments.” Union Planters Bank Nat. Ass'n v. Salih, 369 F.3d 457, 462 (5th Cir. 2004) (internal citations omitted). Additionally, judges enjoy judicial immunity from suit as to those acts taken in their judicial capacity. Mireles v. Waco, 502 U.S. 9, 11 (1991). This immunity is not overcome by allegations of bad faith or malice. Id. Plaintiff is impermissibly collaterally attacking a county court final judgment by challenging its validity, and furthermore challenging a county court judge's authority. See Coleman v. Williams, 538 Fed. App'x 513, 515 (5th Cir. 2013) (per curiam) (noting in eviction context that the claim was “essentially an impermissible challenge to the County Court's judgment”). Because Plaintiff's Complaint challenges the validity of a county court judgment and attempts to remove Judge Livingston for acts taken in her judicial capacity, Plaintiff's Complaint should be dismissed.
II. Order and Recommendation
Having considered Plaintiff's Complaint under the standards set forth in 28 U.S.C. §1915(e), the undersigned recommends that Plaintiff's pro se Application to Proceed in District Court without Prepaying Fees or Costs [#1] be GRANTED but Plaintiff's Complaint be DISMISSED pursuant to Section 1915(e).
III. Instructions for Service and Notice of Right to Object/Appeal.
The United States District Clerk shall serve a copy of this report and recommendation on all parties by either (1) electronic transmittal to all parties represented by attorneys registered as a “filing user” with the clerk of court, or (2) by mailing a copy to those not registered by certified mail, return receipt requested. Written objections to this report and recommendation must be filed within fourteen (14) days after being served with a copy of same, unless this time period is modified by the district court. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). The party shall file the objections with the clerk of the court, and serve the objections on all other parties. A party filing objections must specifically identify those findings, conclusions or recommendations to which objections are being made and the basis for such objections; the district court need not consider frivolous, conclusive or general objections. A party's failure to file written objections to the proposed findings, conclusions and recommendations contained in this report shall bar the party from a de novo determination by the district court. Thomas v. Arn, 474 U.S. 140, 149-52 (1985); Acuna v. Brown & Root, Inc., 200 F.3d 335, 340 (5th Cir. 2000). Additionally, failure to file timely written objections to the proposed findings, conclusions and recommendations contained in this report and recommendation shall bar the aggrieved party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court. Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc).