Palmer v. Fulton

FILED IN THE 2 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Jul 17, 2025 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON WILLARD DYNAMITE BERNARD PALMER, No. 4:25-CV-05074-MKD Plaintiff, ORDER DISMISSING CASE v. PATRICIA FULTON, WALLA WALLA COUNTY COURTHOUSE, STATE OF WASHINGTON ATTORNEY GENERAL, WASHINGTON STATE ADMINISTRATIVE OFFICE, 14 Defendants.

On June 27, 2025, the Court issued an Order directing Plaintiff to show cause within 14 days as to why the Court should not dismiss this case pursuant to 28 U.S.C. § 1915(e)(2)(B). ECF No. 6 at 3. Plaintiff’s filings submitted in response to the Court’s Order, see ECF Nos. 7-9, do not change the Court’s prior assessment that Plaintiff’s claims are barred by the doctrine of judicial immunity.

See ECF No. 6 at 2. Having liberally reviewed Plaintiff’s responses to the Court’s Order, the Court concludes neither of the two exceptions to judicial immunity apply to Plaintiff’s claims: (1) for actions not taken Defendant Fulton’s judicial capacity; and (2) for actions, though judicial, taken absent any jurisdiction.

3 Mireles v. Waco, 502 U.S. 9, 11-12 (1991). “Plaintiff has not alleged any facts that lower the judicial immunity shield.” Robinson v. Maxwell, 2008 WL 2143995, at *1 (E.D. Wash. May 20, 2008). The Court thus dismisses Plaintiff’s Complaint, with prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B). Because Plaintiff’s Complaint seeks relief against a state court judge who is afforded judicial immunity, any amendment to his Complaint would be futile. See Aktar v. Mesa, 698 F.3d 1202, 1212 (9th Cir. 2012). The Court thus denies Plaintiff leave to file an amended Complaint.

11 Accordingly, IT IS HEREBY ORDERED: 12 1. This action is DISMISSED WITH PREJUDICE pursuant to 28 13 U.S.C. § 1915(e)(2)(B).

14 2. Any pending motions are DENIED as moot.

15 3. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal 16 of this Order would not be taken in good faith and would lack any 17 arguable basis in law or fact.

18 IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter judgment, provide a copy to Plaintiff, and CLOSE the file.

1 DATED July 17, 2025.

2 s/Mary K. Dimke MARY K. DIMKE 3 UNITED STATES DISTRICT JUDGE