Filed: Apr. 10, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-11349 Conference Calendar ANTONIO SEPEDA, Plaintiff-Appellant, versus LEE WATERS, District Judge, 223rd District, Defendant-Appellee. - Appeal from the United States District Court for the Northern District of Texas USDC No. 2:00-CV-349 - April 10, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM:* Antonio Sepeda, Texas prisoner number 469585, has appealed the district court's judgment dismissing his civil r
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-11349 Conference Calendar ANTONIO SEPEDA, Plaintiff-Appellant, versus LEE WATERS, District Judge, 223rd District, Defendant-Appellee. - Appeal from the United States District Court for the Northern District of Texas USDC No. 2:00-CV-349 - April 10, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM:* Antonio Sepeda, Texas prisoner number 469585, has appealed the district court's judgment dismissing his civil ri..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-11349
Conference Calendar
ANTONIO SEPEDA,
Plaintiff-Appellant,
versus
LEE WATERS, District Judge, 223rd District,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:00-CV-349
--------------------
April 10, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Antonio Sepeda, Texas prisoner number 469585, has appealed
the district court's judgment dismissing his civil rights
complaint as frivolous under 28 U.S.C. ยง 1915(e)(2)(B), on
grounds that the defendant, a state district judge, is entitled
to absolute immunity from suit. Sepeda argues correctly that his
complaint did not request an award of monetary damages and,
accordingly, should not have been dismissed on grounds of
judicial immunity. See Chrissy F. by Medley v. Miss. Dep't of
Pub. Welfare,
925 F.2d 844, 849 (5th Cir. 1991). Although the
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-11349
-2-
district court erred in relying upon the doctrine of judicial
immunity, it did not err in dismissing the complaint as
frivolous.
Sepeda contended in his complaint that his civil rights were
violated because Judge Waters denied his motion for appointment
of counsel. Sepeda requested declaratory and injunctive relief.
In essence, Sepeda's complaint requested review of Judge Waters's
order. "[L]itigants may not obtain review of state court actions
by filing complaints about those actions in lower federal courts
cast in the form of civil rights suits." Hale v. Harney,
786
F.2d 688, 691 (5th Cir. 1986); see District of Columbia Court of
Appeals v. Feldman,
460 U.S. 462, 482 n.16 (1983). The complaint
was legally frivolous and the district court lacked jurisdiction
to grant the relief requested. See
Hale, 786 F.2d at 691; see
also Fed. R. Civ. P. 12(h)(3). Accordingly, we hold that the
district court did not abuse its discretion in dismissing the
complaint as frivolous. See Berry v. Brady,
192 F.3d 504, 507
(5th Cir. 1999)(standard of review). The district court's
judgment is
AFFIRMED.