Harper v. Lin

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

PATRICK ROY HARPER,

Case No. 25-cv-08068-RS

Plaintiff, v. ORDER OF DISMISSAL

RITA F. LIN, et al.,

Defendants.

Pro se Plaintiff Patrick Roy Harper’s ill-defined claims against two federal district court judges are dismissed. A trial court may dismiss a claim under Rule 12(b)(6) sua sponte and without notice “where the claimant cannot possibly win relief.” Omar v. Sea-Land Serv., Inc., 813 19 F.2d 986, 991 (9th Cir. 1987) (citing Wong v. Bell, 642 F.2d 359, 361–62 (9th Cir. 1981); 5 C. 20 Wright & A. Miller, Federal Practice and Procedure § 1357 at 593 (1969)); Fed. R. Civ. P. 12(b)(6).

Plaintiff here seeks an “injunction to proceed immediately to an admiralty bench trial,” averring violations of the jurisdictional statute 28 U.S.C. Section 1916, the Supremacy Clause, and Article III of the Constitution as well as fraud on the court and “hate crimes.” Dkt. 1. Even if Plaintiff’s averments gave rise to cognizable causes of action, Plaintiff cannot succeed because, as he concedes, his “demand arises out of proceedings in” prior district court adjudications before the Defendant judges and related appeals and petitions, Dkt. 1, and judges are entitled to absolute Franceschi v. Schwartz, 57 F.3d 828, 830 (9th Cir. 1995). Since Plaintiff cannot succeed, the above-captioned civil action is dismissed with prejudice.

4 || ITISSO ORDERED.

6 || Dated: September 29, 2025

RICHARD SEEBORG

8 Chief United States District Judge

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ORDER OF DISMISSAL CASE No. 25-cv-08068-RS