(PC) Walker v. Superior Court of California, County of San Joaquin ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELMER EUGENE WALKER, No. 2:22-CV-1883-TLN-DMC-P 12 Plaintiff, 13 v. ORDER 14 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN, 15 Defendant. 16 17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action 19 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 20 Judge pursuant to Eastern District of California local rules. 21 On November 21, 2022, the Magistrate Judge filed findings and 22 recommendations herein which were served on the parties and which contained 23 notice that the parties may file objections within the time specified therein. Plaintiff 24 filed timely objections to the findings and recommendations. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local 26 Rule 304(f), this Court has conducted a de novo review of this case. Having carefully 27 reviewed the entire file, the Court finds the findings and recommendations to be 28 supported by the record and by proper analysis. Based on the case caption, the 1 | Magistrate Judge concluded Plaintiff intended to sue the San Joaquin Superior Court, 2 | and the Court adopts the Magistrate Judge’s analysis in full. On page 2 of the 3 | Complaint, however, Plaintiff also lists “The Judge of Case” as a Defendant. As the 4 | Plaintiff's suit is based on actions taken by a judge in his or her official duties, the 5 | judge would be immune from suit. See Ashelman v. Pope, 793 F.2d 1072, 1075 (9th 6 | Cir. 1986). Additionally, for the reasons stated in the Magistrate Judge’s findings and 7 | recommendations, any claim against the judicial officer would be barred by Heck v. 8 | Humphrey, 512 U.S. 477, 483-84 (1994). 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. The findings and recommendations filed November 21, 2022, are 11 | adopted in full; 12 2. This action is dismissed for failure to state a claim upon which 13 | relief can be granted; and 14 3. The Clerk of the Court is directed to enter judgment and close this 15 | file. 16 17 13 IT IS SO ORDERED. 1 | Dated: _ April 19, 2023 _ Bel Lbrat Hon. Daniel labretta 20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28