Freitas
Freitas v. McKinney
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN B. FREITAS, Case No. 21-cv-08681-JST
Plaintiff,
ORDER DISMISSING CASE; ORDER
v. RE: IN FORMA PAUPERIS STATUS
ON APPEAL
PATRICK R. MCKINNEY, et al.,
Defendants.
12 The Court dismissed Plaintiff John B. Freitas’s original complaint under 28 U.S.C. § 1915(e)(2)(B) with leave to amend. ECF No. 8. The Court explained that it lacked jurisdiction under the Rooker-Feldman doctrine because Freitas’s claims were inextricably intertwined with a state court judgment, and that this Court has no jurisdiction to hold that the state court’s decisions were wrong. Id. at 2. The Court further explained that the County of Alameda was an improper defendant because state court judges, like Defendant Patrick R. McKinney, are not county employees; that the Eleventh Amendment barred Freitas from suing the State of California; and that judicial immunity barred Freitas’s claims against McKinney. Id. at 2-3. Freitas filed a timely amended…