Abbott v. Trant

• I ill _ II He 44
fILED
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DEC· 9 2009
Clerk, U.S. District and
) Bankruptcy Courts
Norman Abbott, )
)
Plaintiff, )
)
v. ) Civil Action No. 09 2337
)
Heather Trant, )
)
Defendant. )
MEMORANDUM OPINION
Before the Court is the plaintiff s pro se complaint and application to proceed in forma
pauperis. The application will be granted and the complaint will be dismissed because it fails to
state a claim upon which relief may be granted.
Plaintiff has filed a Bivens action, alleging that a clerk in the office of the Clerk of Court
of the Supreme Court of the United States violated his civil rights by denying him access to the
Supreme Court when she returned his submission with instructions and forms for filing a writ of
certiorari. He further complains that the defendant interfered with his Seventh Amendment right
to have his suit tried to a jury. He seeks compensatory and punitive damages from the clerk.
A clerk is generally immune from a suit for damages. See Sindram v. Suda, 986 F.2d 339(D.C. Cir. 1992) (per curiam) (holding that "clerks, like judges, are immune from damage suits
for performance of tasks that are an integral part of the judicial process"). Furthermore, the
plaintiff has not stated a claim upon which relief may be granted, as he does not have a right to
have his case heard in the Supreme Court of the United States.
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A separate appropriate order accompanies th·