Bishay v. McFadden

• Court: District Court, District of Columbia
• Decided: July 30, 2024
• Docket: Civil Action No. 2024-2086
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) BAHIG F. BISHAY, ) ) Plaintiff, ) ) v. ) ) Case No. 24-cv-2086 (APM) TREVOR N. MCFADDEN, et al., ) in his individual capacity, ) U.S. District Court Judge, ) ) Defendants. ) _________________________________________ )

MEMORANDUM OPINION

Plaintiff Bahig F. Bishay filed this action against Defendant U.S. District Court Judge

Trevor N. McFadden and 14 judges of the D.C. Circuit. Compl., ECF No. 1. The crux of the

Complaint is that Judge McFadden wrongfully dismissed a case that Plaintiff filed against various

federal officials and others, Bishay v. Harris, 21-cv-1831 (TNM). See generally id. In the

dismissed action, Judge McFadden entered an order enjoining Plaintiff from further filings in

federal court absent satisfying various conditions, including seeking leave of court to file a new

action. See Bishay v. Harris (Bishay I), 668 F. Supp. 3d 9, 14 (D.D.C. 2023). The D.C. Circuit

upheld the injunction. See Bishay v. Harris, No. 23-5019, 2023 WL 6784306, at *1 (D.C. Cir. Oct.

6, 2023). In filing this action, Plaintiff has not satisfied any of the pre-conditions to suit set forth

in Judge McFadden’s injunction. Bishay I, 668 F. Supp. 3d at 14. For that reason, this case is

dismissed.

The case also must be dismissed for the independent reason that judicial officers are

immune from suit for their judicial acts. See Atherton v. D.C. Off. of Mayor, 567 F.3d 672, 682

(D.C. Cir. 2009). Plaintiff only has alleged conduct performed in Defendants’ judicial capacities. Accordingly, for the foregoing reasons, the court dismisses Plaintiff’s complaint and this

action with prejudice. Plaintiff’s various other motions, ECF Nos. 4, 5, and 7, are denied as moot.

A separate final order accompanies this Memorandum Opinion.

Dated: July 30, 2024 Amit P. Mehta United States District Court Judge