MICHAEL J. NEWMAN, United States Magistrate Judge.
This consent case (see doc. 19) is a pro se 42 U.S.C. § 1983 action against seventeen entities and officials based on an alleged unlawful entry into Plaintiff's home and resulting arrest/detention. See doc. 3. The matter is now before the Court upon Defendant Judge Carl Henderson's motion to dismiss (doc. 15), pro se Plaintiff's memorandum in opposition thereto (doc. 16), and Judge Henderson's reply (doc. 17).
In Plaintiff's complaint, he alleges that, on December 7, 2011, several Dayton police officers "broke down" his door, handcuffed him, made inappropriate comments, and damaged his personal property. See doc. 3 at PageID 37. He further claims an officer offered him drugs and money in exchange for information, and when he refused to cooperate, he was arrested and strip-searched. See id. Plaintiff states that he was released from custody the following day. See id.
Plaintiff names Dayton, Ohio Municipal Court Judge Carl Henderson ("Judge Henderson") as a defendant in this action. However, in his complaint, Plaintiff fails to identify Judge Henderson's role in the alleged unlawful events. See doc. 3. The only allegation that could possibly relate to Judge Henderson is: "[T]he Court by refusing or neglecting to prevent such deprivations and denials to plaintiff, thereby depriving plaintiff of his rights, privileges, and immunities as guaranteed by the Fourth, Fifth, and Fourteenth Amendments." Id. at PageID 38. In his opposition memorandum, however, Plaintiff explains that Judge Henderson issued the warrant to search his home. See doc. 16 at PageID 115.
Judges are entitled to absolute immunity from suit based on their judicial acts even if they acted erroneously or in bad faith. Mireles v. Waco, 502 U.S. 9, 11, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991). Judicial immunity can only be overcome by a showing that the judge's act was "non judicial," or that the judge acted without jurisdiction. Id. at 11-12, 112 S.Ct. 286. Even construing Plaintiff's complaint liberally and in his favor, neither of these circumstances is present here. First, "the issuance of a search warrant is unquestionably a judicial act." Burns v. Reed, 500 U.S. 478, 492, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991). Second, Judge Henderson acted within his jurisdiction in issuing a warrant to search property located in the City of Dayton. See Ohio Revised Code § 2933.21; Ohio R. Crim. P. 41(A) (authorizing a judge to issue a warrant to search property located within his or her court's territorial jurisdiction).
Accordingly, Judge Henderson's motion to dismiss (doc. 15) is
Further, Plaintiff's pro se motion for preliminary hearing and discovery (doc. 5) is