1:26-cv-00014•Bryan v. Dubrousky et al
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE NASEEF BRYAN v. Civ. No. 26-cv-14-LM-TSM ANASTASIA DUBROVKSY AND ASHLEY N. REPORT AND RECOMMENDATION Before the court is self-represented Plaintiff Naseef Bryan, Jr.’s complaint, (Doc. No. 1) filed in forma pauperis, naming the Clerk of Court of the United States Court of Appeals for the First Circuit and a First Circuit case manager as Defendants. The matter is before this court for preliminary review, pursuant to 28 U.S.C. § 1915(e)(2) and LR 4.3(d)(2). PRELIMINARY REVIEW STANDARD The court may dismiss claims asserted by a plaintiff who is proceeding in forma pauperis, if: the court lacks subject matter jurisdiction, a defendant is immune from the relief sought, the complaint fails to state a claim, or the action is frivolous or malicious. See 28 U.S.C. § 1915(e)(2). To determine whether to dismiss for failure to state a claim, the court strips away legal conclusions; takes as true the factual content in the complaint as a whole, and the inferences reasonably drawn from those facts; and considers whether the plaintiff has stated a claim that is plausible on its face. Hernandez-Cuevas v. Taylor, 723 F.3d 91, 102-03 (1st Cir. 2013) (citing Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). In determining whether a pro se complaint states a claim, the court must construe the complaint liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). Case 1:26-cv-00014-LM-TSM Document 3 Filed 02/04/26 Page 1 of 3
2 BACKGROUND Mr. Bryan’s complaint contains few facts from which the court can discern any potential claims. It appears that he is claiming injury resulting from a delay in processing an appeal in the First Circuit Court of Appeals he filed on May 15, 2025. See In re: Bryan No. 25-1473 (1st Cir. filed May 15, 2025). Specifically, he alleges that he has “yet to receive an ‘order’ or ‘judgment’ from the court.” Doc No. 1 at pg. 2. Mr. Bryan claims that Defendants are liable for violating his civil rights. DISCUSSION Mr. Bryan’s complaint specifically mentions 42 U.S.C. § 2000a-2, which prohibits depriving or interfering with various rights secured by sections 2000a or 2000a-1. Those sections prohibit discrimination or segregation based on race, color, religion or national origin. There are no facts alleged in the complaint which can plausibly support such a claim. Moreover, even if the complaint did allege any facts suggestive of discrimination, Defendants are immune from suit. As the court noted in an earlier suit Mr. Bryan brought against the First Circuit Clerk of Court: Absolute quasi-judicial immunity bars claims for damages against court personnel performing discretionary functions closely related to the judicial process. See id. at 3. Such “immunity applies to all acts of auxiliary court personnel that are ‘basic and integral part[s] of the judicial function,’ unless those acts are done ‘in the clear absence of all jurisdiction.’” Sindram v. Suda, 986 F.2d 1459, 1461 (D.C. Cir. 1993) (citation omitted). Such immunity operates “where the need for liability in damages is low,” given the safeguards built into the judicial process, “and the need for a backstop to judicial immunity [is] high,” to avoid the risk that disappointed litigants, unable to sue judges, would “ ‘vent their wrath on clerks, court reporters, and other judicial adjuncts.’ ” Id. (citations omitted). A clerk’s decisions relating to the docketing and processing of a case and a litigant’s requests for expedited consideration implicate critical functions of the clerk’s office with respect to the management and maintenance of the court’s docket. Those functions are integral to the judicial process. Cf. Ives v. Agastoni, No. CV 15- 30153-MAP, 2015 WL 9647559, at *3 (D. Mass. Dec. 14, 2015) (“accepting filings” and “recording rulings” are judicial functions “regularly performed by Case 1:26-cv-00014-LM-TSM Document 3 Filed 02/04/26 Page 2 of 3
3 judges and clerks within the scope of their jurisdiction”), R&R adopted, 2016 WL 79881 (D. Mass. Jan. 5, 2016). Accordingly, the plaintiff’s claims relating to the alleged delays in the processing of his interlocutory appeal fall within the scope of the defendant's quasi-judicial immunity. For that reason, the district judge should dismiss those claims. Bryan v. U.S. Ct. of Appeals, First Cir. Clerk, No. 24-CV-162-JL-AJ, 2024 WL 3034624, at *2 (D.N.H. June 10, 2024), report and recommendation approved sub nom. Bryan v. U.S. Ct. of Appeals, No. 24-CV-162-JL, 2024 WL 3028407 (D.N.H. June 14, 2024). The same rationale applies to the instant suit against the Clerk of Court and case manager. Accordingly, in addition to Mr. Bryan’s failure to state a claim for relief, the district judge should dismiss this case based on Defendants’ immunity. CONCLUSION Based on the foregoing, the district judge should dismiss this action based on Mr. Bryan’s failure to state a claim upon which relief may be granted, or, in the alternative, because Defendants are immune from suit. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. Fed. R. Civ. P. 72(b)(2). The fourteen-day period may be extended upon motion. Failure to file any objection within the specified time waives the right to appeal the district court’s Order. See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016). Only those issues raised in the objection(s) to this Report and Recommendation “are subject to review in the district court.” Id. (cleaned up). Additionally, any issues “not preserved by such objection are precluded on appeal.” Id. Talesha L. Saint-Marc United States Magistrate Judge Dated: February 4, 2026 cc: Naseef Bryan, pro se Case 1:26-cv-00014-LM-TSM Document 3 Filed 02/04/26 Page 3 of 3
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