Larry Melford Seidl v. Ellen Berz

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

LARRY MELFORD SEIDL, Plaintiff, OPINION and ORDER v.

25-cv-859-jdp ELLEN BERZ, Defendant.

Plaintiff Larry Melford Seidl, proceeding without counsel, was detained at the Iowa County jail. He alleges that defendant Ellen Berz, a state court judge, did not allow him to speak during one of his legal proceedings before her.

Seidl’s complaint is before the court for screening. I must dismiss any portion of his complaint that is frivolous or malicious, fails to state a claim for relief, or asks for money damages from a defendant who by law cannot be sued for money damages. See 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b). I must accept the factual allegations in his complaint as true and interpret his complaint generously, holding it to a less stringent standard than formal pleadings drafted by lawyers. Arnett v. Webster, 658 F.3d 742, 751 (7th Cir. 2011).

Seidl’s complaint fails to state a claim for relief. Judges cannot be sued for acts taken in their judicial capacity; they are immune from suit. See Dawson v. Newman, 419 F.3d 656, (7th Cir. 2005); Mireles v. Waco, 502 U.S. 9, 11 (1991).

I will dismiss the case in its entirety for Seidl’s failure to state a claim upon which relief may be granted. When, as here, a plaintiff proceeds without counsel, the court of appeals has cautioned against dismissing his case without giving him a chance to amend the complaint.

Felton v. City of Chicago, 827 F.3d 632, 636 (7th Cir. 2016). But leave to amend doesn’t have to be granted when it’s clear that amendment would be futile. Bogie v. Rosenberg, 705 F.3d 603, 608 (7th Cir. 2013). Dismissal in this case is appropriate because Seidl’s complaint is based on an indisputably meritless legal theory.

I will direct the clerk of court to record a strike against Seidl under 28 U.S.C. § 1915(g).

ORDER IT IS ORDERED that: 1. Plaintiff Larry Melford Seidl’s complaint, Dkt. 1, is DISMISSED with prejudice because it fails to state a claim and is frivolous.

2. The clerk of court is directed to enter judgment and close the case.

3. The clerk of court is directed to record a strike under 28 U.S.C. § 1915(g) against Seidl.

Entered April 15, 2026.

BY THE COURT: /s/ ________________________________________ JAMES D. PETERSON District Judge