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Gu v. Zeng

Judge Absolutely Immune, Civil Claims Cannot Be Grounded on Federal Criminal Statutes

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ADDITIONAL CASES Feifei Gu, Plaintiff, v. Sergio Jimenez, Defendant; 23-CV-4569 MEMORANDUM & ORDER Plaintiff Feifei Gu filed these pro se actions in response to a landlord-tenant holdover proceeding in Kings County Housing Court that is slated for trial this month. She names as defendants the petitioner-landlord and the judge presiding over that state court matter. On June 20, Plaintiff filed an emergency order to show cause for a preliminary injunction and temporary restraining order in each action, seeking, among other relief, a stay of the impending trial date. The Court consolidates these actions solely for the purpose of this Order. Plaintiff’s requests to proceed in forma pauperis are granted. For the reasons discussed below, however, Plaintiff’s complaints are dismissed, and her emergency requests for injunctive relief are thus denied as moot. I. Background In Gu v. Zeng, No. 23-CV-4168, Plaintiff Gu asserts violations of federal law in connection with a holdover proceeding initiated by Zeng against her in Kings County Housing Court under Index No. LT-325749-22/KI. See Compl. 5, ECF No. 1. Plaintiff asserts that, in the course of that action, Zeng violated various federal statutes — primarily in the criminal code — by making false statements, forging documents, and committing perjury. Id. at

7-17. Plaintiff seeks Zeng’s imprisonment and monetary damages. In Gu v. Jimenez, No. 23-CV-4569, Gu alleges that the judge presiding over her landlord-tenant action, Judge Sergio Jimenez, has “distorted the facts,” refused her demand for a jury trial, and improperly denied her motion to dismiss. See Compl.

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