Abbott v. Trant

• Court: District Court, District of Columbia
• Decided: December 9, 2009
• Docket: Civil Action No. 2009-2337
• Status: Published

Opinion

• I ill _ II He 44

fILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DEC· 9 2009 Clerk, U.S. District and ) Bankruptcy Courts Norman Abbott, ) ) Plaintiff, ) ) v. ) Civil Action No. 09 2337 ) Heather Trant, ) ) Defendant. )

MEMORANDUM OPINION

Before the Court is the plaintiff s pro se complaint and application to proceed in forma

pauperis. The application will be granted and the complaint will be dismissed because it fails to

state a claim upon which relief may be granted.

Plaintiff has filed a Bivens action, alleging that a clerk in the office of the Clerk of Court

of the Supreme Court of the United States violated his civil rights by denying him access to the

Supreme Court when she returned his submission with instructions and forms for filing a writ of

certiorari. He further complains that the defendant interfered with his Seventh Amendment right

to have his suit tried to a jury. He seeks compensatory and punitive damages from the clerk.

A clerk is generally immune from a suit for damages. See Sindram v. Suda, 986 F.2d 339

(D.C. Cir. 1992) (per curiam) (holding that "clerks, like judges, are immune from damage suits

for performance of tasks that are an integral part of the judicial process"). Furthermore, the

plaintiff has not stated a claim upon which relief may be granted, as he does not have a right to

have his case heard in the Supreme Court of the United States.

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A separate appropriate order accompanies th·