The substance of this complaint, which is Rogers's third complaint, has already been reviewed and dismissed not once, but twice. Each complaint alleged substantially the same claims against essentially the same defendants, that is, the state and local officials who were involved in Rogers's state criminal trial and appeal. The first dismissal, which was based upon the finding that the complaint was "legally frivolous," was presumably a dismissal pursuant to 28 U.S.C. Sec. 1915(d). Although dismissal on that ground may have been incorrect, given the very liberal standard of review applicable to pro se prisoner complaints, see, e.g., Smith v. Bacon, 699 F.2d 434, 436 (8th Cir.1983) (per curiam) (pro se prisoner complaint may be dismissed if "frivolous or malicious" pursuant to 28 U.S.C. Sec. 1915(d)), the dismissal was not appealed and Rogers did not file an amended complaint.

The second complaint was dismissed expressly without prejudice, but leave to amend the complaint was denied. One could argue that this somewhat unusual combination of orders was in effect a disposition on the merits and thus subject to res judicata principles. See 5 C. Wright & A. Miller, Federal Practice and Procedure Sec. 1357, at 611-17 (1969) (dismissals under Fed.R.Civ.P. 12(b)(6)). However, under these circumstances, application of res judicata or claim preclusion principles would be somewhat problematical. Id. at 615 (noting that dismissal followed by invocation of res judicata may be "particularly harsh"; possible problems with adequate notice to the plaintiff; suggesting better practice to convert motion to dismiss into motion for summary judgment). Instead, we reach the merits of the appeal and discuss briefly the reasons why we think the district court correctly dismissed Rogers's third complaint with prejudice.2

The claims against the public defender were correctly dismissed for failure to state a claim upon which relief could be granted. Public defenders do not act "under color of state law" for purposes of 42 U.S.C. Sec. 1983 when performing the traditional functions of defense counsel. See Polk County v. Dodson, 454 U.S. 312, 319-25, 102 S. Ct. 445, 450-53, 70 L. Ed. 2d 509 (1981). To the extent that Rogers's complaint can be read to allege a conspiracy between the public defender and the other defendants, the public defender can be regarded as having acted under color of state law. See, e.g., Smith v. Bacon, 699 F.2d at 436. Rogers's bare allegation of conspiracy was minimally sufficient, but the complaint completely failed to allege any specific facts "suggesting such a 'meeting of the minds.' " White v. Walsh, 649 F.2d 560, 561-62 (8th Cir.1981); see McClain v. Kitchen, 659 F.2d 870, 872 (8th Cir.1981) (per curiam).

Next, the district court correctly dismissed the claims for damages against the three state circuit judges, the two assistant prosecutors and the deputy circuit clerk on the grounds of absolute immunity. Judges and prosecutors have absolute immunity from claims for damages for acts performed within their official authority. Stump v. Sparkman, 435 U.S. 349, 98 S. Ct. 1099, 55 L. Ed. 2d 331 (1978) (judicial immunity from liability for damages); Imbler v. Pachtman, 424 U.S. 409, 96 S. Ct. 984, 47 L. Ed. 2d 128 (1976) (prosecutorial immunity from liability for damages); see, e.g., McCaw v. Winter, 745 F.2d 533, 534 (8th Cir.1984) (per curiam) (state court judge); Smith v. Bacon, 699 F.2d at 436 (state court judges); Tarter v. Hury, 646 F.2d 1010, 1012-13 (5th Cir.1981) (state court judges and prosecutors). Clerks of court "have absolute immunity from actions for damages arising from acts they are specifically required to do under court order or at a judge's direction." See, e.g., McCaw v. Winter, 745 F.2d at 534; Tarter v. Hury, 646 F.2d at 1013. Here, all of the acts of the state circuit judges and the assistant prosecutors that Rogers alleged were unconstitutional were acts performed within the scope of their official authority. Similarly, the deputy circuit clerk issued the arrest warrant at the direction of the assistant circuit judge.

The district court properly dismissed Rogers's claims for equitable relief because federal equitable relief would have been inappropriate.3 "The federal courts should not interfere in state criminal court proceedings when state and federal law provide adequate legal remedies and when intervention needlessly threatens the principle of comity." Smith v. Bacon, 699 F.2d at 437, citing Bonner v. Circuit Court, 526 F.2d 1331, 1335 (8th Cir.1975), cert. denied, 424 U.S. 946, 96 S. Ct. 1418, 47 L. Ed. 2d 353 (1976); see O'Shea v. Littleton, 414 U.S. 488, 94 S. Ct. 669, 38 L. Ed. 2d 674 (1974); Tarter v. Hury, 646 F.2d at 1013. From the record it appears that, at the time this complaint was filed, a post-conviction relief motion was pending in state court. Rogers can also file a petition for federal habeas relief. Because Rogers still has recourse to adequate legal remedies through state and federal habeas corpus proceedings, the granting of federal equitable relief would have been premature. See Smith v. Bacon, 699 F.2d at 437; cf. Tartar v. Hury, 646 F.2d at 1013 (injunction requiring nondiscretionary procedural safeguards held not to constitute federal interference with state criminal process).

Accordingly, the order of the district court is affirmed.