- Citation:
- No. 10-2927, 2010 WL 4386719 (3d Cir. Nov. 5, 2010)
- Tag(s):
-
- Ruling:
- Stating that summary action is appropriate when an appeal presents no "substantial question," the Third Circuit summarily affirmed the judgment of the United States District Court for the Eastern District of Pennsylvania dismissing the complaint of pro se litigant Michael R. Shemonsky, proceeding in forma pauperis. Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), after granting a litigant leave to proceed in forma pauperis, a district court is required to dismiss a complaint that fails to state a claim on which relief may granted. The Third Circuit agreed with the District Court’s reasoning in dismissing Shemonsky’s complaint explaining that, although a district court should not dismiss a pro se complaint without the opportunity to amend unless amendment would be inequitable or futile, amendment of Shemonsky’s complaint would be futile in this instance. [NOT PRECEDENTIAL]
- Procedural context:
- Appeal pro se from an order of the United States District Court for the Eastern District of Pennsylvania dismissing Shemonsky's complaint under 28 U.S.C. § 1915(e)(2)(B)(ii).
- Facts:
- In June 2010, Shemonsky filed in the District Court (i) a complaint against a United States Bankruptcy Court Judge seeking over $5 billion in damages for the alleged "illegal theft of [his] savings and loan by the office of thrift supervision" in or around 1990 and (ii) an application to proceed in forma pauperis. The District Court granted Shemonsky's application to proceed in forma pauperis, but dismissed his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim on which relief may be granted finding that: (i) although Shemonsky failed to reference the United States Bankruptcy Judge in his statement of claim, judges have absolute immunity from civil rights lawsuits seeking money damages for actions performed in a judicial capacity and (ii) Shemonsky’s action, filed twenty years after the alleged events, was time-barred under the applicable statute of limitations. This appeal followed.
- Judge(s):
- SLOVITER, JORDAN and GREENWAY, JR., Circuit Judges (per curiam)
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