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United States District CourtFor the Northern District of CaliforniaIN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
LE ROI JOHNSON,
Plaintiff,
v.
CONTRA COSTA COUNTY,
Defendant.
/
No. C-07-0195 MMC
ORDER DISMISSING CLAIMS
ASSERTED AGAINST THE
HONORABLE PETER BERGER
Before the Court is the complaint filed January 10, 2007 by plaintiff Le Roi Johnson
(“Johnson”), in which Johnson asserts, inter alia, civil rights claims against the Honorable
Peter Berger arising out of Judge Berger’s imposition of a $200 fine against plaintiff.
Where, as here, a case is brought in forma pauperis, the Court “shall dismiss the
case . . . if the court determines that . . . the action . . . seeks monetary relief against a
defendant who is immune from such relief.” See 28 U.S.C. § 1915(e)(2)(B)(iii). A state
judge is absolutely immune from civil liability for damages resulting from acts performed in
his judicial capacity. See Pierson v. Ray, 386 U.S. 547, 553-55 (1967).
Accordingly, the claims asserted against Judge Berger are hereby DISMISSED.
IT IS SO ORDERED.
Dated: January 22, 2007
MAXINE M. CHESNEY
United States District Judge
Case 3:07-cv-00195-MMC Document 6 Filed 01/22/2007 Page 1 of 1
Johnson v. Contra Costa County
Doc. 6
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