Misu v. Wilkins

• Court: District Court, District of Columbia
• Decided: June 11, 2012
• Docket: Civil Action No. 2012-0945
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FILED FOR THE DISTRICT OF COLUMBIA JUN 1 1 2012 Tira Misu, ) Clerk, U.S. District & Bankruptcy Courts for the District of Columbia ) Plaintiff, ) ) v. ) ) Civil Action No. 12 0945 United States District Judge ) Robert Wilkins et al., ) ) ) Defendants. )

MEMORANDUM OPINION

This matter is before the Court on review of plaintiffs pro se complaint and application

to proceed in forma pauperis. The application will be granted and the complaint will be

dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) (requiring dismissal of a complaint upon a

determination that the complaint is frivolous, fails to state a claim upon which relief may be

granted, or seeks monetary damages from an immune defendant).

Plaintiff sues District Judge Robert Wilkins presumably of this Court and "all judges state

& federal" for $10 million. Compl. Caption. She purports to sue defendants for treason but has

stated no facts. A complaint is subject to dismissal as frivolous when, as here, it lacks "an

arguable basis in law and fact." Brandon v. District of Columbia Bd. of Parole, 734 F.2d 56, 59

(D.C. Cir. 1984). In addition, dismissal is warranted because judges are absolutely immune from

lawsuits based on their official acts. Forrester v. White, 484 U.S. 219, 225 (1988); Stump v.

Sparkman, 435 U.S. 349, 355-57 (1978); Sindram v. Suda, 986 F.2d 1459, 1460 (D.C. Cir.

1993). A separate Order of dismissal accompanies thisce~~lllfl :;in"Jl.<-+-c.Jc__ United States District Judge

Date: June i- , 2012 / 1\ /