CLD-135 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________
Nos. 24-1411, 24-1416, 24-1421, & 24-1422 (cons.) ___________
JUSTIN JUAN DE LA CRUZ MARTINEZ, Appellant
v.
JUDGE TIMOTHY CREANY ____________________________________
On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil Action Nos. 2:23-cv-01130; 2:23-cv-02009; 2:23-cv-01407; 2:23-cv-02086) District Judge: Honorable Robert J. Colville ____________________________________
Submitted on the Appellee’s Motions for Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 June 13, 2024
Before: KRAUSE, FREEMAN, and SCIRICA, Circuit Judges
(Opinion filed: June 27, 2024) _________
OPINION * _________
* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PER CURIAM
Justin Martinez filed four lawsuits against Judge Timothy Creany. Judge Creany
was then presiding over Martinez’s prosecution, in the Westmoreland County Court of
Common Pleas (Docket No. CP-65-CR-0000338-2022), for intercepting communications
and using and disclosing them. In each complaint, Martinez described different
purported problems with the then-ongoing criminal proceedings and Judge Creany’s
rulings, but he sought essentially the same injunctive relief in all of them. Specifically,
he asked the District Court to order Judge Creany to “cease and desist” all involvement in
his criminal case (albeit while affirming Judge Creany’s appointment in the case). See,
e.g., W.D. Pa. C.A. No. 2:23-cv-01130 ECF No. 3 at 10. And, in one case, he asked for
Judge Creany to be barred from any judicial proceeding involving Martinez “ever
again.” 1 W.D. Pa. Civ. No. 2:23-cv-01407 ECF No. 6 at 8. He also requested that the
District Court “suspend[]” his criminal proceedings pending an investigation of the
claims he made in his complaints, or, alternatively, assign a new judge to the matter. See,
e.g., id. He also sought declaratory and “other relief,” as well as travel costs, as the
“court [saw] fit.” See, e.g., id. at 10-11.
1 In his prayer for relief for that same case, he sought the recusal of a Magistrate Judge as well as Judge Creany’s recusal. See W.D. Pa. Civ. No. 2:23-cv-01407 ECF No. 6 at 8. That Magistrate Judge had recused before his complaint was considered. See W.D. Pa. Civ. No. 2:23-cv-01407 ECF No. 3.
2 In one action, the District Court dismissed the complaint with prejudice on Judge
Creany’s motion to dismiss for failure to state a claim upon which relief can be granted,
concluding, inter alia, that abstention was required under Younger v. Harris, 401 U.S. 37
(1971). See Sprint Commc’ns v. Jacobs, 571 U.S. 69, 72 (2013) (“Younger exemplifies
one class of cases in which federal-court abstention is required: When there is a parallel,
pending state criminal proceeding, federal courts must refrain from enjoining the state
prosecution.”). After screening the remaining three complaints under 28 U.S.C. §
1915(e), the District Court dismissed them with prejudice, for the same reasons, as
frivolous and for failure to state a claim. Martinez filed a timely notice of appeal in each
case. In each appeal, Judge Creany has filed a motion to summarily affirm the District
Court’s judgment. See, e.g., C.A. No. 24-1411, 3d Cir. Doc. No. 8. In addition to
responding to one of those motions and submitting informal briefs that we consider as
documents in support of his appeals, Martinez asks us to transfer all these matters to a
United States District Court in Illinois. See, e.g., C.A. No. 24-1411, 3d Cir. Doc. No.
10.
As a preliminary matter, we take judicial notice of the record of Martinez’s state-
court proceedings at Docket No. CP-65-CR-0000338-2022. See Martin v. Adm’r N.J.
State Prison, 23 F.4th 261, 266 n.1 (3d Cir. 2022) (explaining that such notice is
permitted). We observe that Judge Creany has already sentenced Martinez and ruled on
post-sentence motions and that Martinez’s criminal case has been marked closed. See
3 https://ujsportal.pacourts.us/Report/ CpDocketSheet?docketNumber=CP-65-CR-
0000338-2022&dnh=ZHirzM8yg506UhZiIcYRKw%3D%3D (last visited June 5, 2024).
Because the criminal proceedings before Judge Creany have concluded, we must dismiss
as moot Martinez’s appeal to the extent that he sought to enjoin his prosecution or
otherwise requested relief that can no longer be granted (even if Younger did not apply). 2
See Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996) (“If
developments occur during the course of adjudication that . . . prevent a court from being
able to grant the requested relief, the case must be dismissed as moot.”).
To the extent that Martinez still presents a live controversy over which we have
jurisdiction under 28 U.S.C. § 1291, we exercise plenary review over the District Court’s
dismissal orders. See Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir. 2000); see also
PDX N., Inc. v. Comm’r N.J. Dep’t of Lab. & Workforce Dev., 978 F.3d 871, 881 n.11
(3d Cir. 2020) (explaining that our review of a determination that abstention under
Younger is proper is plenary). Upon review, to the extent that we have jurisdiction, we
will grant Judge Creany’s motions and summarily affirm the District Court’s rulings
because no substantial issue is presented on appeal. See 3d Cir. L.A.R. 27.4; 3d Cir.
I.O.P. 10.6.
2 Martinez’s suit is also moot to the extent that he sought the recusal of a Magistrate Judge who recused.
4 Martinez’s claims that are not moot are largely requests for the District Court to
interfere with state criminal proceedings, which a federal district court may not do. 3 See
ACRA Turf Club, LLC v. Zanzuccki, 748 F.3d 127, 132 (3d Cir. 2014) (describing
Younger as “holding that federal courts should not interfere with state criminal
proceedings”). Accordingly, to this extent, the District Court properly abstained from
ruling under Younger. 4 See Coruzzi v. State of New Jersey, 705 F.2d 688, 690 (3d Cir.
1983) (explaining that “except in carefully circumscribed situations, the federal courts
should not disrupt an ongoing state judicial process, either by preempting the
adjudication of claims that could be brought to the state forum, by directing the state
court to stay its proceedings, or by directly interfering in other ways with the natural
course of state adjudication”) (citation and quotation marks omitted).
And, to the extent that Younger did not require abstention, relief was not
warranted. Insofar as the “other relief” sought by Martinez included damages, judges are
not civilly liable for judicial acts. 5 See Stump v. Sparkman, 435 U.S. 349, 355-57
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CLD-135 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________
Nos. 24-1411, 24-1416, 24-1421, & 24-1422 (cons.) ___________
JUSTIN JUAN DE LA CRUZ MARTINEZ, Appellant
v.
JUDGE TIMOTHY CREANY ____________________________________
On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil Action Nos. 2:23-cv-01130; 2:23-cv-02009; 2:23-cv-01407; 2:23-cv-02086) District Judge: Honorable Robert J. Colville ____________________________________
Submitted on the Appellee’s Motions for Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 June 13, 2024
Before: KRAUSE, FREEMAN, and SCIRICA, Circuit Judges
(Opinion filed: June 27, 2024) _________
OPINION * _________
* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PER CURIAM
Justin Martinez filed four lawsuits against Judge Timothy Creany. Judge Creany
was then presiding over Martinez’s prosecution, in the Westmoreland County Court of
Common Pleas (Docket No. CP-65-CR-0000338-2022), for intercepting communications
and using and disclosing them. In each complaint, Martinez described different
purported problems with the then-ongoing criminal proceedings and Judge Creany’s
rulings, but he sought essentially the same injunctive relief in all of them. Specifically,
he asked the District Court to order Judge Creany to “cease and desist” all involvement in
his criminal case (albeit while affirming Judge Creany’s appointment in the case). See,
e.g., W.D. Pa. C.A. No. 2:23-cv-01130 ECF No. 3 at 10. And, in one case, he asked for
Judge Creany to be barred from any judicial proceeding involving Martinez “ever
again.” 1 W.D. Pa. Civ. No. 2:23-cv-01407 ECF No. 6 at 8. He also requested that the
District Court “suspend[]” his criminal proceedings pending an investigation of the
claims he made in his complaints, or, alternatively, assign a new judge to the matter. See,
e.g., id. He also sought declaratory and “other relief,” as well as travel costs, as the
“court [saw] fit.” See, e.g., id. at 10-11.
1 In his prayer for relief for that same case, he sought the recusal of a Magistrate Judge as well as Judge Creany’s recusal. See W.D. Pa. Civ. No. 2:23-cv-01407 ECF No. 6 at 8. That Magistrate Judge had recused before his complaint was considered. See W.D. Pa. Civ. No. 2:23-cv-01407 ECF No. 3.
2 In one action, the District Court dismissed the complaint with prejudice on Judge
Creany’s motion to dismiss for failure to state a claim upon which relief can be granted,
concluding, inter alia, that abstention was required under Younger v. Harris, 401 U.S. 37
(1971). See Sprint Commc’ns v. Jacobs, 571 U.S. 69, 72 (2013) (“Younger exemplifies
one class of cases in which federal-court abstention is required: When there is a parallel,
pending state criminal proceeding, federal courts must refrain from enjoining the state
prosecution.”). After screening the remaining three complaints under 28 U.S.C. §
1915(e), the District Court dismissed them with prejudice, for the same reasons, as
frivolous and for failure to state a claim. Martinez filed a timely notice of appeal in each
case. In each appeal, Judge Creany has filed a motion to summarily affirm the District
Court’s judgment. See, e.g., C.A. No. 24-1411, 3d Cir. Doc. No. 8. In addition to
responding to one of those motions and submitting informal briefs that we consider as
documents in support of his appeals, Martinez asks us to transfer all these matters to a
United States District Court in Illinois. See, e.g., C.A. No. 24-1411, 3d Cir. Doc. No.
10.
As a preliminary matter, we take judicial notice of the record of Martinez’s state-
court proceedings at Docket No. CP-65-CR-0000338-2022. See Martin v. Adm’r N.J.
State Prison, 23 F.4th 261, 266 n.1 (3d Cir. 2022) (explaining that such notice is
permitted). We observe that Judge Creany has already sentenced Martinez and ruled on
post-sentence motions and that Martinez’s criminal case has been marked closed. See
3 https://ujsportal.pacourts.us/Report/ CpDocketSheet?docketNumber=CP-65-CR-
0000338-2022&dnh=ZHirzM8yg506UhZiIcYRKw%3D%3D (last visited June 5, 2024).
Because the criminal proceedings before Judge Creany have concluded, we must dismiss
as moot Martinez’s appeal to the extent that he sought to enjoin his prosecution or
otherwise requested relief that can no longer be granted (even if Younger did not apply). 2
See Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996) (“If
developments occur during the course of adjudication that . . . prevent a court from being
able to grant the requested relief, the case must be dismissed as moot.”).
To the extent that Martinez still presents a live controversy over which we have
jurisdiction under 28 U.S.C. § 1291, we exercise plenary review over the District Court’s
dismissal orders. See Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir. 2000); see also
PDX N., Inc. v. Comm’r N.J. Dep’t of Lab. & Workforce Dev., 978 F.3d 871, 881 n.11
(3d Cir. 2020) (explaining that our review of a determination that abstention under
Younger is proper is plenary). Upon review, to the extent that we have jurisdiction, we
will grant Judge Creany’s motions and summarily affirm the District Court’s rulings
because no substantial issue is presented on appeal. See 3d Cir. L.A.R. 27.4; 3d Cir.
I.O.P. 10.6.
2 Martinez’s suit is also moot to the extent that he sought the recusal of a Magistrate Judge who recused.
4 Martinez’s claims that are not moot are largely requests for the District Court to
interfere with state criminal proceedings, which a federal district court may not do. 3 See
ACRA Turf Club, LLC v. Zanzuccki, 748 F.3d 127, 132 (3d Cir. 2014) (describing
Younger as “holding that federal courts should not interfere with state criminal
proceedings”). Accordingly, to this extent, the District Court properly abstained from
ruling under Younger. 4 See Coruzzi v. State of New Jersey, 705 F.2d 688, 690 (3d Cir.
1983) (explaining that “except in carefully circumscribed situations, the federal courts
should not disrupt an ongoing state judicial process, either by preempting the
adjudication of claims that could be brought to the state forum, by directing the state
court to stay its proceedings, or by directly interfering in other ways with the natural
course of state adjudication”) (citation and quotation marks omitted).
And, to the extent that Younger did not require abstention, relief was not
warranted. Insofar as the “other relief” sought by Martinez included damages, judges are
not civilly liable for judicial acts. 5 See Stump v. Sparkman, 435 U.S. 349, 355-57
3 For instance, he sought an order affirming Judge Creany’s appointment and sought declarations relating to his criminal case. 4 Although the application of Younger is limited when there is “a showing that the charges had been brought in bad faith or with an intent to harass,” ACRA Turf Club, LLC, 748 F.3d at 132, there is no such showing here. See Kugler v. Helfant, 421 U.S. 117, 126 n.6 (1975) (“‘[B]ad faith’ in this context generally means that a prosecution has been brought without a reasonable expectation of obtaining a valid conviction.”) (citing Perez v. Ledesma, 401 U.S. 82, 85 (1971)). 5 And, to the extent that Martinez sought to hold Judge Creany criminally liable, he could
5 (1978). And to the extent that Martinez asked for an order directing state judicial
officers to take a specific action (like recusing in all future cases), that relief is generally
not one that a federal court has authority to issue, and certainly not one that is available
under the circumstances of this case. Cf. In re Wolenski, 324 F.2d 309, 309 (3d Cir.
1963) (per curiam) (explaining that a district court lacked jurisdiction “to issue a writ of
mandamus compelling action by a state official”); Knox v. Bland, 632 F.3d 1290, 1292
(10th Cir. 2011) (reasoning that “[w]e have no authority to issue . . . a writ to direct state
courts or their judicial officers in the performance of their duties” (citation and internal
quotation marks omitted)). Lastly, we conclude that the District Court did not abuse its
discretion in ruling that amendment would be futile in each case. 6 See Grayson v.
Mayview State Hosp., 293 F.3d 103, 114 (3d Cir. 2002).
not compel the enforcement of a criminal law. See Diamond v. Charles, 476 U.S. 54, 64- 65 (1986). And the statute he cited did not provide an explicit or implied private right of action for him to sue Judge Creany, either. See Cent. Bank of Denver v. First Interstate Bank of Denver, 511 U.S. 164, 190 (1994) (refusing to infer a private right of action from a “bare [federal] criminal statute”). 6 In reviewing these matters, we have considered Martinez’s allegations of “judicial[] bullying” and “bias/prejudice,” to the extent that he directs them to the District Judge and District Court (in addition to appearing to make those claims about Judge Creany), see, e.g., C.A. No. 24-1421 3d Cir. Doc. No. 10-2 at 3. We do not discern evidence of bullying, bias, or prejudice in the record for these cases.
6 In sum, we dismiss this appeal to the extent that it is moot, and we otherwise grant
Judge Creany’s motions and summarily affirm the District Court’s judgments. The
motions to transfer these cases are denied.