EVANS v. URBINA, No. 1:2009cv01992 - Document 3 (D.D.C. 2009)
Court Description: MEMORANDUM OPINION Signed by Judge Paul L. Friedman on 10/10/09. (ls, )
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FILED OCT ~ 1 2009 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Juan F. Evans, Plaintiff, v. Ricardo M. Urbina, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. Clerk, U.S. District and Bankruptcy Courts 09 1992 MEMORANDUM OPINION This matter is before the Court on its initial review of plaintiff s pro se complaint and application for leave to proceed in Jorma pauperis. Pursuant to 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint upon a determination that it, among other grounds, seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e) (2)(B)(iii). Plaintiff, a resident of Fort Walton Beach, Florida, sues United States District Judge Ricardo M. Urbina in his official and individual capacity for dismissing his complaint against the Clerk ofthe Supreme Court and two assistant clerks. CompI.,-r,-r 4-6. Judges are absolutely immune from lawsuits predicated on acts taken, as alleged here, in their judicial capacity. 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). The complaint therefore will be dismissed. A separate Order accompanies this Memorandum Opinion. Date: October ~, 2009 ~~. United States District Judge 3
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