NITZA I. QUINÑONES ALEJANDRO, District Judge.
Plaintiff Gabrielle Nicole Gilliam Allen, as Executrix of the Estate of Eugene Allen, filed this civil action against Judge William P. Mahon, premised on the Judge's handling of a 2005 mortgage foreclosure matter filed in the Chester County Court of Common Pleas against the Estate. Allen also seeks leave to proceed in forma pauperis. By a July 23, 2018 Order, this action was stayed pending a decision from the United States Court of Appeals for the Third Circuit ("Third Circuit") in the matter of Murray v. City of Philadelphia, Appeal No. 16-3145, addressing whether an executor or administrator of an estate, who is not an attorney, may proceed pro se in federal court on behalf of the estate. (ECF No. 4). The Third Circuit recently issued its opinion in Murray, holding that "a non-attorney who is not a beneficiary of the estate may not conduct a case pro se on behalf of the estate." Murray ex rel. Purnell v. City of Philadelphia, No. 16-3145, 2018 WL 3978205, at *1 (3d Cir. Aug. 21, 2018). In light of this opinion, the stay of this case is lifted, Allen has leave to proceed in forma pauperis, and her Complaint is dismissed for the following reasons.
According to the Complaint, in 2007 Judge Mahon, who presided over the foreclosure case, ordered a sheriff's sale of the Estate's property. The Complaint alleges that the sale was improper for various reasons, that the Judge was biased against the Estate, and that the Judge's actions placed a "cloud on the title" to the property. (Compl. ECF No. 2 at 3.)
The Estate is the Plaintiff in the instant case. However, it also appears that the Complaint attempts to raise claims on behalf of Allen in her individual capacity. Allen seeks "a judgment reversing, dismissing and making void the judgments and Court Orders of Judge William H. Mahon, on the wrongful foreclosure cause of action. . . ." (Id. at 10.) She also seeks damages, imposition of criminal charges, and other relief
The Court will grant Allen leave to proceed in forma pauperis because it appears that she cannot afford to pre-pay the fees to commence this civil action.
As noted above, the Third Circuit held in Murray "that a non-attorney who is not a beneficiary of the estate may not conduct a case pro se on behalf of the estate." No. 16-3145, 2018 WL 3978205, at *1. The Third Circuit went on to explain that "[i]f an estate has one or more beneficiaries besides the administrator, then the case is not the administrator's own because the interests of other parties are directly at stake." Id. at *2. Here, the Complaint indicates that Allen is bringing claims in her capacity as Executrix of the Estate of Eugene Allen; it is not clear whether she is also a beneficiary or whether the estate has any other beneficiaries or creditors. Accordingly, it is not clear that Allen has standing to bring this case.
Even if Allen was able to raise claims on behalf of the Estate as a sole beneficiary or on her own behalf,
To the extent Allen has standing to raise any claims over which this Court may exercise jurisdiction, any such claims also fail. Judges are entitled to absolute immunity from civil rights claims that are based on acts or omissions taken in their judicial capacity, so long as they do not act in the complete absence of all jurisdiction. See Stump v. Sparkman, 435 U.S. 349, 355-56 (1978); Azubuko v. Royal, 443 F.3d 302, 303-04 (3d Cir. 2006) (per curiam). As all of Allen's claims are based on Judge Mahon's alleged handling of the foreclosure case, Judge Mahon is entitled to absolute judicial immunity. Therefore, Allen's claims are dismissed.
For the foregoing reasons, Allen's Complaint is dismissed. Allen will not be granted leave to file an amended complaint because any amendment would be futile. An Order follows.