IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MCHENRY W. JOSEPH, ) Plaintiff, V. Civil Action No. 25-1120-GBW JAMES G. MCGIFFIN, JR., Defendant. MEMORANDUM ORDER Plaintiff McHenry W. Joseph, of Seaford, Delaware, moved for leave to proceed in forma pauperis and filed a complaint pro se in the above-captioned civil action. (D.I. 1; D.I. 3.) This Court subsequently granted Plaintiff leave to proceed in forma pauperis. (D.I. 14.) An amended complaint is now the operative pleading. (D.I. 10.) The amended complaint is subject to this Court’s sua sponte review and dismissal upon a determination that the pleading is frivolous or malicious, fails to state a claim, or seeks monetary relief from defendants who are immune from such relief. See

(e)(2)(B). At this early state of the case, this Court accepts the facts alleged in Plaintiff's pro se pleading as true, draws all reasonable inferences in Plaintiff's favor, and asks only whether the complaint, liberally

construed, contains facts sufficient to state a plausible claim. See Shorter v. United States,

(3d Cir. 2021). Upon review and consideration, the amended complaint will be dismissed because Defendant James G. McGiffin, Jr., in his official capacity as Judge of Kent County Family Court, is immune from suit. A “judicial officer in the performance of his duties has absolute immunity from suit and will not be liable for his judicial acts.” Capogrosso v. Supreme Court of New Jersey,

(3d Cir. 2009). As such, the amended complaint warrants dismissal, pursuant to

(e)(2)(B)(iii), and further amendment is futile. THEREFORE, on this 26th day of September 2025, it is HEREBY ORDERED: 1. The amended complaint (D.I. 10) is DISMISSED with prejudice due

to judicial immunity; 2. Plaintiff's pending motions (D.I. 2, 11, 13) are DENIED as moot; and 3. The Clerk of Court is directed to CLOSE this case.

ae 2 h My. The Honorable Gregory B. Williams United States District Judge