de Tagle v. Santa Clara County

Opinion

1 2 3 6 7 ORLANDO SANCHEZ DE TAGLE, Case No. 24-cv-07046-SVK

8 Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS 9 v. ORDER FOR REASSIGNMENT TO A

11 Defendant. REPORT AND RECOMMENDATION RE DISMISSAL 12

13 Pro se Plaintiff Orlando Sanchez de Tagle sues a Santa Clara County judge for actions 14 taken in his official capacity as a judge. Dkt. 1. Plaintiff has also filed an application to proceed 15 in forma pauperis (Dkt. 2), which the Court GRANTS. 16 Plaintiff’s complaint in this case identifies the Defendant as Judge Stephen Manley. Dkt. 1 17 ¶¶ 1, 23. Plaintiff alleges that he suffered various physical, mental, and emotional injuries and an 18 invasion of privacy after Judge Manley ordered him to wear a GPS monitor in a proceeding at the 19 Santa Clara County Hall of Justice on December 14, 2023 and remanded him to jail for removing 20 the monitor on January 12, 2024. Id. ¶¶ 18-33. 21 Plaintiff has previously filed multiple lawsuits in this District against other Santa Clara 22 County judges, which have been dismissed on the ground of judicial immunity. See, e.g., de Tagle 23 v. Estremera, 24-cv-03351-PCP; de Tagle v. Santa Clara County, 24-cv-4435-SI; de Tagle v. Santa Clara County, 24-cv-6270-PCP. For the same reasons explained to Plaintiff in those cases, 24 the judge who is the Defendant in this case is immune from suit on Plaintiff’s allegations. See 25 Mireles v. Waco, 502 U.S. 9, 11 (1991). No amendment can cure this deficiency. Because all 26 parties have not consented to magistrate judge jurisdiction, the Court ORDERS the Clerk of Court 27 to reassign this case to a District Judge and RECOMMENDS dismissal of the complaint without 1 leave to amend. 2 Any party may object to this recommendation within 14 days. Fed. R. Civ. P. 72. 4 || Dated: October 21, 2024 5 6 Season vert SUSAN VAN KEULEN 7 United States Magistrate Judge 8 9 10 11 a 12

© 15 16

= 17

Z 18 19 20 21 22 23 24 25 26 27 28