Caraway
(PC) Colbourn v. Caraway
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ORRIN TYLER COLBOURN, No. 2:24-cv-2773 SCR P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
CORIE J. CARAWAY, Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. §1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the required filing fee of $350.00 plus the $55.00 administrative fee. See 28 U.S.C. §§1914(a), 1915(a). Plaintiff would ordinarily be provided the opportunity either to submit the appropriate affidavit in support of a request to proceed in forma pauperis or to submit the required fees totaling $405.00. However, the only defendant in this case is a judge who plaintiff sues for damages for an allegedly unconstitutional sentence imposed earlier this year. In a Section 1983 case for damages, judges are entitled to absolute immunity for actions taken within their jurisdiction. See Schucker v. Rockwood, 846 F.2d 1202,…