The opinion of the court was delivered by: David R. Homer U.S. Magistrate Judge
REPORT-RECOMMENDATION and ORDER
In compliance with this court's order, plaintiff John A. Robinson ("Robinson" or "plaintiff") filed an amended complaint. Docket No. 5. Robinson brings this action pursuant to 42 U.S.C. § 1983 claiming violations of his constitutional rights by the named defendants. A review of the amended complaint reveals that the amended complaint may be filed.
I. Defendant Hon. Ryan T. Donovan
One of the named defendants in the complaint is Town of Bethlehem Justice Ryan T. Donovan. Plaintiff asserts allegations of judicial misconduct by Judge Donovan. See Compl. at pp 5, 12-13. For the reasons stated below, the claims against Judge Donovan should be dismissed from Robinson's complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and N.D.N.Y.L.R. Rule 5.4(a).
Section 1915(e), as amended, directs that the Court:
(2) [S]hall dismiss the case at any time if the court determines that
(B) the action ... (I) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B).
"Judges enjoy absolute immunity from personal liability for 'acts committed within their judicial jurisdiction.'" Young v. Selsky, 41 F.3d 47, 51 (2d Cir. 1994) (emphasis added) (quoting Pierson v. Ray, 386 U.S. 547 (1967)). "The absolute immunity of a judge applies however erroneous the act may have been, and however injurious in its consequences it may have proved to the plaintiff." Young, 41 F.3d at 51 (internal quotation marks omitted). Accordingly, plaintiffs' claims against Judge Robinson should be dismissed.
RECOMMENDED that the claims against Town Judge Ryan T. Donovan be DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) and N.D.N.Y.L.R. 5.4(a); and it is further
ORDERED, that the Clerk shall issue summonses and a General Order 25 and forward them, along with copies of the complaint, to the United States Marshal for service upon the defendants; and it is further
ORDERED that a response to the complaint be filed by defendants or their counsel as provided for in the Federal Rules of Civil Procedure after service of ...