UNITED S'I`ATES DISTRICT COURT F I L E D FOR THE DISTRICT OF COLUMBIA JAN l 7 203

MOHSEN KHOSHMOOD, § C%|:;;. grsihg|;t{;¥:|§ g:ré|:;:¢|:g{a Plaintiff, ) v. § Civil Action No. l7-2282 (UNA) DIANE M. BRENNEMAN, § Defendant. j MEMORANDUM OPINION

Plaintiff, proceeding pro se, has submitted a complaint and an application to proceed in forma pauperis The Court will grant the application and dismiss the case pursuant to

(e)(2), which requires dismissal of a case “at any time” the court determines that the complaint seeks monetary relief against an immune defendant

Plaintiff alleges that Diane Brenneman, a Magistrate Judge of the Superior Court of the District of Columbia, dismissed a case he filed in that court. “Judges enjoy absolute judicial immunity from suits for money damages for all actions taken in [their] judicial capacity, unless [the] actions are taken in the complete absence of all jurisdiction.” Sina'ram v. Sua'a, 986 F.Zd 1459, 1460 (D.C. Cir. 1993) (per curiam) (citation omitted); see Slump v. Sparkman,

(1978) (concluding that state judge was "immune from damages liability even if his [decision] was in error”). Such “irnmunity is an immunity from suit, notjust from ultimate assessment of damages.” Mireles v. Waco,

, ll (1991).

Without question, Judge Brenneman’s dismissal of the plaintiffs civil suit is an action taken in her judicial capacity. See Burger v. Gerber, No. 01-5238,

, at *l (D.C. Cir. Nov. 20, 2001) (per curiam) (affirming dismissal, on judicial immunity grounds, of

claim against a United States Tax Court Judge where “[t]he action about which appellant

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complains - ruling on a motion to dismiss a tax court petition - was well within the judge’s judicial capacity”); Thomas v. Wi]kz'ns,

(D.D.C. 2014) (fmding that “judge’s decision to file or deny a party’s motions or requests is an action routinely performed by a judge in the course of litigation, and thus would constitute a judicial act immune from suit”), fo’d, NO. 14-5197,

(D.C. Cir. Feb. 23, 2015). In addition, the plaintiff fails to make any showing that the judge’s “actions [were] taken in the complete absence of all jurisdiction.” Sindram, 986 F.2d at 1460. Accordingly, in this case, Judge Brenneman is entitled to absolute immunity.

The Court will grant the plaintiff’ s application to proceed informa pauperis, and will dismiss the complaint and this action. An Order consistent with this l\/lemorandum Opinion is issued separately.

DATE: January 17 ,2018 W

United States Distii/ct JudgeU