Jolee Kimble v. Frank Birchank

Summary

The United States District Court for the Southern District of California grants Jolee Kimble’s motion to proceed in forma pauperis. The court screens and dismisses the complaint against Superior Court Judge Frank Birchank based on judicial immunity, while granting leave to amend by January 16, 2026.

Holdings

1. The court granted plaintiff's motion to proceed in forma pauperis because her financial allegations showed that she could not prepay the filing fees, and a plaintiff need not be completely destitute to qualify.
2. The complaint was subject to dismissal under 28 U.S.C. § 1915(e)(2) because Judge Birchank appeared entitled to absolute judicial immunity for the alleged judicial acts.
3. The court granted plaintiff leave to file a new amended complaint addressing the deficiencies, subject to a deadline of January 16, 2026.

Questions Presented

1. Whether plaintiff should be permitted to proceed in forma pauperis.
2. Whether the complaint should be dismissed at mandatory screening because it sought monetary relief from a judicial defendant protected by judicial immunity.
3. Whether plaintiff should receive leave to amend the complaint.

Disposition

dismissed