Shafique v. Circuit Judicial Council for the District of Columbia Circuit
CourtDistrict Court, District of Columbia
Date FiledAugust 12, 2026
DocketCivil Action No. 2026-2114
JudgeJudge Amit P. Mehta
StatusPublished
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Full Opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RIFAT SHAFIQUE, )
)
Plaintiff, )
)
v. ) Civil Action No. 26-02114 (UNA)
)
)
CIRCUIT JUDICIAL COUNCIL FOR )
THE DISTRICT OF COLUMBIA )
CIRCUIT et al., )
)
Defendants. )
MEMORANDUM OPINION
Plaintiff, appearing pro se, has filed a complaint and an application to proceed in forma
pauperis (IFP). For the following reasons, the Court grants the IFP application and dismisses the
complaint.
A resident of Washington, D.C., Plaintiff sues the Judicial Council for the District of
Columbia Circuit and three judges of the U.S. Court of Appeals for the District of Columbia Circuit
under the mandamus statute, 28 U.S.C. § 1361. The complaint “focuses specifically on the
involvement” of the appellate court judges in rendering decisions and the Council’s alleged
condonation of their “wrongful actions[.]” Compl., ECF No. 1 at 4; see id. at 3 (“Collateral attacks
against fraudulent judgments brought through independent actions are a matter of right.”). Plaintiff
seeks to compel recusal of “certain officers of the United States,” the “recall [of] mandates on all
affected cases,” and the consolidation and transfer of such cases “to an unconflicted tribunal.” Id.
at 1, 2.
Section 1361 “is only a source of jurisdiction for district courts to exercise writs of
mandamus to employees of the Executive branch.” U.S. v. Choi, 818 F. Supp. 2d 79, 84 (D.D.C.
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2011) (collecting cases). This court otherwise is “without power to entertain” Plaintiff’s
“unsubstantial” claims against members of the Judicial branch. Hagans v. Lavine, 415 U.S. 528,
536-37 (1974); see Caldwell v. Kagan, 777 F. Supp. 2d 177, 179 (D.D.C.), aff’d, 455 F. App’x. 1
(D.C. Cir. 2011) (claims against “district and court of appeals judges” arising from their official
acts are “patently frivolous because federal judges are absolutely immune from [such] lawsuits”)
(citations omitted); Fleming v. United States, 847 F. Supp. 170, 172 (D.D.C. 1994), cert. denied,
513 U.S. 1150 (1995) (deeming “meritless” an action against “federal judges who have done
nothing more than their duty”); see also In re Marin, 956 F.2d 339, 340 (D.C. Cir. 1992) (per
curiam), quoting Panko v. Rodak, 606 F.2d 168 (7th Cir. 1979) (“[I]t seems axiomatic that a lower
court may not order the judges or officers of a higher court to take an action.”).
An “in forma pauperis complaint is properly dismissed as frivolous . . . if it is clear from
the face of the pleading that the named defendant is absolutely immune from suit on the claims
asserted.” Crisafi v. Holland, 655 F.2d 1305, 1308 (D.C. Cir. 1981). Therefore, this case will be
dismissed with prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
A separate order accompanies this opinion.
.
_________/s/____________
AMIT P. MEHTA
Date: August 12, 2026 United States District Judge
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