Francis v. Pellegrino, 224 F. App'x 107 (2d Cir. 2007). · Go Syfert
Francis v. Pellegrino, 224 F. App'x 107 (2d Cir. 2007). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 4 distinct courts.
Cited for
At page 108 Defining case or controversy for relief3 citing casesfinding no “existing case or controversy for which declaratory or injunctive relief could be granted” when the plaintiff's claim was “fully adjudicated” and he “cannot allege that [the judges] are actually or imminently interfering with his access to the courts1 citing court put it this way
  • Lichtman v. Dennis, No. 6:24-cv-06038 (W.D.N.Y. May 21, 2024).
    See ECF No. 13 at 9; Francis v. Pellegrino, 224 F. App’x 107, 108 (2d Cir. 2007) (summary order) (doctrine of judicial immunity not a bar to prospective declaratory relief); Mongielo v. Kantor, No. 21-CV-973-FPG, 2022 WL 1049247 , at *3 (W…
  • MacPherson v. Town of Southampton, 664 F. Supp. 2d 203 (E.D.N.Y. 2009).published
    See Francis v. Pellegrino, 224 Fed.Appx. 107, 108 (2d Cir.2007) (unpublished opinion) (finding that doctrine of judicial immunity not a bar to prospective declaratory relief.); B.D.S. v. Southold Union Free Sch.
  • Kelsey v. Clark, No. 1:21-cv-00985 (N.D.N.Y. Dec. 3, 2021).
    (finding no “existing case or controversy for which declaratory or injunctive relief could be granted” when the plaintiff's claim was “fully adjudicated” and he “cannot allege that [the judges] are actually or imminently…)
At page 109 by the requested relief....” Fund for Animals v. Babbitt, 89 F.3d 128, 134 (2d Cir.1996) (citation omitted); see Lujan, 504 U.S. at 560-61, 112 S.Ct. 2130.…1 citing caseopening of page *109 (no citing court says what it cites this page for)
  • McKnight v. Middleton, 699 F. Supp. 2d 507 (E.D.N.Y. 2010).published
    See Francis v. Pellegrino, 224 Fed.Appx. 107, 109 (2d Cir.2007) (“We conclude that judicial immunity is not a bar to prospective injunctive relief against a judicial officer acting in her judicial capacity.”).
Retrieving the full opinion text from the archive…
Ernest FRANCIS
v.
Joseph PELLEGRINO, Administrative Judge, Paul M. Foti, Appellate Court Judge, Joseph Flynn, Appellate Court Judge, Barry Schaller, Appellate Court Judge, and Gary White, Superior Court Judge
No. 04-4856-pr.
Court of Appeals for the Second Circuit.
May 21, 2007.
Unpublished opinion
224 F. App'x 107
Ernest Francis, pro se., Richard Blumenthal, Attorney General, Maura Murphy Osborne, Assistant Attorney General, Hartford, CT, for Defendants-Appellees.
Kearse, Mills, Pooler.
Cited by 4 opinions  |  Published
Pinpoint authority: bottom 22%

SUMMARY ORDER

Plaintiff-appellant Ernest Francis appeals from a judgment entered on August 5, 2004, in the United States District Court for the District of Connecticut (Kravitz, J.), dismissing Francis’s complaint in this case. We assume the parties’ familiarity with the facts, procedural history, and specification of issues on appeal.

We review de novo a district court’s decision dismissing a claim under 28 U.S.C. § 1915(e)(2)(B). See, e.g„ McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir.2004). This Court is “free to affirm an appealed decision on any ground which finds support in the record, regardless of the ground upon which the trial court relied.” Leecan v. Lopes, 893 F.2d 1434, 1439 (2d Cir.1990); see, e.g., Headley v. Tilghman, 53 F.3d 472, 476 (2d Cir.1995). In the present case, we affirm the dismissal of Francis’s complaint because the district court lacked subject matter jurisdiction.

Although the district court dismissed Francis’s claims on the basis of judicial immunity, that basis was inapplicable because Francis sought only prospective injunctive and declaratory relief. See, e.g., Pulliam v. Allen, 466 U.S. 522, 542-43, 104 S.Ct. 1970, 80 L.Ed.2d 565 (1984) (“We conclude that judicial immunity is not a bar to prospective injunctive relief against a judicial officer acting in her judicial capacity.”). Nonetheless, Francis’s complaint was dismissable because it failed to demonstrate a basis for federal jurisdiction over his claims.

The Constitution “limits the jurisdiction of federal courts to ‘Cases’ and ‘Controversies.’ ” Lujan v. Defenders of Wildlife, 504 U.S. 555, 559, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). “In order to meet the ‘case or controversy’ requirement of Article III of the Constitution, a plaintiff must establish that he has standing. The constitutional minimum of standing contains three elements. These are (1) that the plaintiff suffered personal injury or threat of injury; (2) that the injury fairly can be traced to the action challenged ...; and (3) that the injury is likely to be redressed[*109] by the requested relief....” Fund for Animals v. Babbitt, 89 F.3d 128, 134 (2d Cir.1996) (citation omitted); see Lujan, 504 U.S. at 560-61, 112 S.Ct. 2130. These prerequisites mean that the plaintiff must show “injury in fact,” i.e., an “invasion of a legally protected interest which is ... actual or imminent, not conjectural or hypothetical.” Lujan, 504 U.S. at 560, 112 S.Ct. 2130 (internal quotation marks omitted).

Here, the complaint does not reveal any existing case or controversy for which declaratory or injunctive relief could be granted. Francis cannot allege that Judges Flynn, Foti, and Schaller are actually or imminently interfering with his access to the courts; Francis’s state-court action seeking a correction of his Connecticut sentence was fully adjudicated by the Connecticut state courts. Similarly, Francis’s claims against Judges Pellegrino and White do not constitute a case or controversy of sufficient immediacy. Because Francis’s habeas claim has not yet been assigned to a judge, and may not be assigned to Judge White, the relief he seeks would have a merely speculative effect. We note further that even if Francis’s case were to be assigned to Judge White, abstention would doubtless be proper pursuant to Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). Finally, because Francis has not alleged any cognizable injury attributable to Judge White, Francis lacks standing to sue Judge Pellegrino for an injury resulting from an alleged conspiracy between the two judges.

For the reasons set forth above, the decision of the district court dismissing Francis’s claim is hereby AFFIRMED.