1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AUDREY L. KIMNER, Case No. 24-cv-04480-PCP

8 Plaintiff, ORDER DISMISSING COMPLAINT v. 9

10 CAMERON MCGOWAN CURRIE, et al., Defendants. 11

12 13 Plaintiff Audrey Kimner has filed this civil action against District Judge Cameron 14 McGowan Currie and Magistrate Judge Shiva V. Hodges of the United States District Court for 15 the District of South Carolina. 16 Ms. Kimner’s motion to proceed in forma pauperis (Dkt. No. 2) is granted. 17

(e)(2) requires the Court to review complaints filed by litigants who are 18 proceeding without paying filing fees to determine, among other things, if the action seeks relief 19 against an immune defendant. As this Court explained when it recently dismissed a similar lawsuit 20 by Ms. Kimner against two Ninth Circuit judges, “[a] longstanding principle of American 21 jurisprudence is that judges maintain absolute judicial immunity from monetary relief for 22 decisions made in their roles as judges.” Kimner v. Graber, No. 24-cv-02912-PCP (N.D. Cal. Jun. 23 17, 2024) (Pitts, J.); see also Mullis v. U.S. Bankr. Ct. for D. Nev.,

(9th Cir. 24 1987) (“Judges are absolutely immune from civil liability for damages for their judicial acts.”). A 25 judge does not lose immunity if an action was “in error, … done maliciously, or … in excess of 26 his authority.” Mullis,

. Instead, judges lose immunity only if they have “acted in 27 the clear absence of all jurisdiction.”

(cleaned up). 1 case Ms. Kimner filed in South Carolina. The challenged actions—including issuing orders and 2 making decisions about recusal, hearings, and appeals—are clearly judicial in nature. Both 3 defendants are absolutely immune from liability for these actions, and the complaint does not 4 suggest that defendants were acting in the absence of jurisdiction. Because Ms. Kimner is seeking 5 relief from defendants who are absolutely immune from civil liability, her claims against them are 6 dismissed without leave to amend. 7 8 IT IS SO ORDERED. 9 Dated: August 15, 2024 10 LA Ze 11 ly P. Casey Pitts 12 United States District Judge

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