Azubuko v. Carmona ( 2011 )

FILeD
UNITED STATES DISTRICT COURT FEB 1 4 2011
FOR THE DISTRICT OF COLUMBIA
Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia
CHUKWUMA E. AZUBUKO, )
)
Plaintiff, )
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v. )
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Civil Action No. 11 O~6H
DEPUTY CLERK DELILAH CARMONA, et al., )
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Defendants. )
MEMORANDUM OPINION
This matter comes before the court on review of plaintiffs application to proceed in
forma pauperis and his pro se civil complaint. The court will grant the application to proceed in
forma pauperis and dismiss the complaint. l
Plaintiff brings this action against the Clerk and a Deputy Clerk of the United States
Court of Appeals for the Second Circuit. According to plaintiff, these defendants continually
deny him "his irreducible minimum constitutional rights," Compi. at 1, by refusing to accept
papers he wishes to file in cases which already have been closed, see id. at 1-2. He demands
damages totaling $26.3 million. Id. at 6.
In general, judges are immune from suit for money damages, see, e.g., Mireles v. Waco,
502 U.S. 9 (1991), and "[c]ase law has recognized that the protection of judiciaI immunity is not
The Court notes that the United States District Court for the District of
Massachusetts has enjoined plaintiff from filing further actions there because of his lengthy
history of filing frivolous actions. See Memorandum and Order, Azubuko v. Empire Ins. Co., No.
07-11958 (D. Mass. Nov. 1,2007) (dismissing action with prejudice and imposing sanctions).
The Court also notes that plaintiff has attempted to circumvent that court's injunction orders by
filing suits in other districts, including the District of Columbia, only to have them transferred to
the District of Massachusetts. See Memorandum and Order for Dismissal, Azubuko v. Boston
Police Officer Renee Vargas, Misc. No. 10-10347 (D. Mass. Oct. 25,2010).
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confined only to judges but may extend to other officers of government whose duties are related
to the judicial process." Nwachukwu v. Rooney, 362 F. Supp. 2d 183, 192 (D.D.C. 2005)
(citations omitted). In this Circuit, absolute judicial immunity extends to clerks of the court.
Sindram v. Suda, 986 F.2d 1459, 1460-61 (D.C. Cir. 1993) (per curiam). "[I]mmunity applies to
all acts of auxiliary court personnel that are 'basic and integral part[ s] of the judicial function,'
unless those acts are done 'in the clear absence of all jurisdiction. ", Id. at 1461 (quoting Mullis
v. United States Bankruptcy Court for the Dist. of Nevada , 828 F.2d 1385,1390 (9th Cir. 1987)).
Decisions to accept or reject a litigant's filings are basic and integral to the court's function and
such decisions fall within the defendants' jurisdiction. The Court will dismiss the complaint in
its entirety because judicial immunity protects the defendants from suit. See Hurt v. Clerks,
Superior Court of District of Columbia, No. 06-5308, 2006 WL 3835759, at * 1 (D.C. Cir. Dec.
22, 2006) (per curiam) (affirming the dismissal of an action against judicial clerks to whom
absolute judicial immunity is extended); McAllister v. District of Columbia, 653 A.2d 849, 851
(D.C. 1995) (holding that "court clerks, like judges, should be immune from damage suits for
performing tasks that are integrally related to the judicial process.").
An Order consistent with this Memorandum Opinion is issued separately.
United States Distnct Judge