Greene v. United States District Court for the Eastern District of California
Greene v. United States District Court for the Eastern District of California
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
CEDRIC GREENE, ) ) Plaintiff, ) ) v. ) Civil Action No. 1:23-cv-03427 (UNA) ) UNITED STATES DISTRICT COURT ) FOR THE EASTERN DISTRICT OF ) CALIFORNIA, ) ) Defendant. )
MEMORANDUM OPINION
Plaintiff, proceeding pro se, has filed a complaint, ECF No. 1 (“Compl.”), and a motion
for leave to proceed in forma pauperis (“IFP”), ECF No. 2. For the reasons explained below, the
IFP application will be granted, and the complaint will be dismissed without prejudice.
Plaintiff, a resident of Los Angeles, California, sues the United States District Court for
the Eastern District of California. See Compl. at 1. The complaint is far from a model of clarity,
but Plaintiff appears to raise claims pursuant to the Federal Tort Claims Act (“FTCA”),
28 U.S.C. § 1346(b)(1). See
id. at 1, 3. First, Plaintiff takes issue with determinations regarding jurisdiction
and venue rendered by the United States Court of Federal Claims and the United States Court of
Appeals for the Federal Circuit in unidentified proceedings. See
id. at 2. More specifically, he
appears dissatisfied that those courts declined to transfer his proceedings to his preferred venue,
and he likens those determinations to a “witch hunt” against him. See
id.Second, Plaintiff
expresses his frustration with the Eastern District of California, exclusively rooted in his lack of
success in pursuing litigation in that court and its determination to characterize him as a “vexatious
litigant” on mailings visible to the public, which he alleges constitutes “slander.” See
id. at 2-3. He asks this Court to “establish jurisdiction” in this District for his cases, or alternatively, to order
the transfer of his cases to this District. See
id. at 4. He also seeks unspecified money damages.
See
id.The Court lacks jurisdiction over Plaintiff’s complaint.
First, this Court lacks subject matter jurisdiction to review the decisions of other federal
courts and their staff, to intervene in their cases or administrative matters, or to direct them to take
certain actions. See United States v. Choi,
818 F. Supp. 2d 79, 85(D.D.C. 2011) (stating that
federal district courts “generally lack[] appellate jurisdiction over other judicial bodies, and cannot
exercise appellate mandamus over other courts”).
Second, a federal court, its judges, and its staff are immune from suit for damages for
actions taken in the performance of their duties. Mireles v. Waco,
502 U.S. 9, 11(1991); Sindram
v. Suda,
986 F.2d 1459, 1460-61(D.C. Cir. 1993). Indeed, courts are absolutely immune for “all
actions taken in the judge’s judicial capacity, unless these actions are taken in the complete absence
of all jurisdiction.” Sindram,
986 F.2d at 1460; see also Mireles,
502 U.S. at 9(acknowledging
that a long line of Supreme Court precedents has held that a “judge is immune from a suit for
money damages”); Caldwell v. Kagan,
865 F. Supp. 2d 35, 42(D.D.C. 2012) (“Judges have
absolute immunity for any actions taken in a judicial or quasi-judicial capacity.”). “The scope of
the judge's jurisdiction must be construed broadly where the issue is the immunity of the judge.”
Stump v. Sparkman,
435 U.S. 349, 356(1978). Further, “a judge will not be deprived of immunity
because the action he took was in error, was done maliciously, or was in excess of his authority.”
Id.; see Mireles,
502 U.S. at 11(“[J]udicial immunity is not overcome by allegations of bad faith
or malice.”); see also Roth v. King,
449 F.3d 1272, 1287(D.C. Cir. 2006) (“It is well established
that judicial immunity ‘extends to other officers of government whose duties are related to the judicial process.’” (quoting Barr v. Matteo,
360 U.S. 564, 569(1959))); Hester v. Dickerson,
576 F. Supp. 2d 60, 62(D.D.C. 2008) (absolute judicial immunity extends to clerks of the court).
Third, FTCA claims may only be brought against the United States itself, not against its
components or officers. See Coulibaly v. Kerry,
213 F. Supp. 3d 93, 125(D.D.C. 2016) (“Failure
to name the United States as the defendant in an FTCA action requires dismissal for lack of subject-
matter jurisdiction.”); see also
28 U.S.C. § 2679(a). Here, Plaintiff has failed to sue the United
States, as required. See
id.Finally, “[c]laims that fall under one of the exceptions to the FTCA must be dismissed for
lack of subject matter jurisdiction. Under one such exception, the FTCA exempts from its waiver
of sovereign immunity any claim ‘arising out of’ libel or slander.” Edmonds v. United States,
436 F. Supp. 2d 28, 35(D.D.C. 2006) (citation omitted) (citing Sloan v. Dep’t of Housing and Urban
Dev.,
236 F.3d 756, 759(D.C. Cir. 2001);
28 U.S.C. §§ 1346(b), 2680(h)).
As such, Plaintiff has failed to establish subject matter jurisdiction. Accordingly, this case
is dismissed without prejudice. See Fed. R. Civ. P. 12(h)(3). A separate order accompanies this
memorandum opinion.
Date: November 30, 2023 /s/_________________________ ANA C. REYES United States District Judge
Reference
- Status
- Published