Filed: Jan. 11, 1999
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-1205 NIKHIL DESAI, Plaintiff - Appellant, versus DISTRICT OF COLUMBIA; SUPERIOR COURT OF THE DISTRICT OF COLUMBIA; PAUL E. WEBBER; CURTIS VON KANN; SCHANTA JONES, United States Deputy Marshal; TODD DILLARD, United States Marshal Service, Defendants - Appellees. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. T.S. Ellis, III, District Judge. (CA-97-1686-A) Submitted: Decemb
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-1205 NIKHIL DESAI, Plaintiff - Appellant, versus DISTRICT OF COLUMBIA; SUPERIOR COURT OF THE DISTRICT OF COLUMBIA; PAUL E. WEBBER; CURTIS VON KANN; SCHANTA JONES, United States Deputy Marshal; TODD DILLARD, United States Marshal Service, Defendants - Appellees. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. T.S. Ellis, III, District Judge. (CA-97-1686-A) Submitted: Decembe..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-1205
NIKHIL DESAI,
Plaintiff - Appellant,
versus
DISTRICT OF COLUMBIA; SUPERIOR COURT OF THE
DISTRICT OF COLUMBIA; PAUL E. WEBBER; CURTIS
VON KANN; SCHANTA JONES, United States Deputy
Marshal; TODD DILLARD, United States Marshal
Service,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. T.S. Ellis, III, District Judge.
(CA-97-1686-A)
Submitted: December 15, 1998 Decided: January 11, 1999
Before WIDENER, MURNAGHAN, and ERVIN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Nikhil Desai, Appellant Pro Se. Richard Parker, OFFICE OF THE
UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Nikhil Desai appeals the district court’s order dismissing his
complaint brought under 42 U.S.C.A. § 1983 (West Supp. 1998) and 42
U.S.C. § 1985 (1994) and denying Desai’s motion to amend the com-
plaint to allow suit against two U.S. Marshals in their individual
capacities. We have reviewed the record and the district court’s
opinion and find no reversible error. The district court properly
found that an amendment to the complaint would be futile because
the statute of limitations, under both Virginia and District of
Columbia law, would bar Desai’s claims against U.S. Marshals Jones
and Dillard. The court also properly found that District of
Columbia Judges Webber and von Kann are absolutely immune from suit
for damages arising out of their judicial actions. To the extent
that Desai seeks injunctive and declaratory relief, the district
court properly dismissed Desai’s claim because lower federal courts
lack jurisdiction to review District of Columbia court proceedings.
See 28 U.S.C. § 1257 (1994); District of Columbia Court of Appeals
v. Feldman,
460 U.S. 462, 482 (1983). Accordingly, we affirm. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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