Not for Publication in West's Federal Reporter Citation Limited Pursuant to 1st Cir. Loc. R. 32.3

United States Court of Appeals For the First Circuit

No. 05-1516

CHESTER J. CHALUPOWSKI, JR., ET AL.,

Plaintiffs, Appellants,

v.

PETER C. DIGANGI, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS ASSOCIATE JUSTICE OF THE PROBATE AND FAMILY COURT OF ESSEX COUNTY,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Richard Stearns, U.S. District Judge]

Before Selya, Lynch and Lipez, Circuit Judges.

Chester J. Chalupowski, Jr. and Malgorzata B. Chalupowski on brief pro se. David Hadas, Assistant Attorney General and Thomas F. Reilly Attorney General, on brief for appellee.

December 13, 2005 Per Curiam. The pro se appellants, Chester and

Malgorzata Chalupowski, appeal from a district court decision

dismissing their

suit against a state court judge.

We affirm.

After careful review of the record and the parties'

arguments, we conclude that the district judge correctly determined

that the state judge was absolutely immune from suit. The

Chalupowskis' appellate arguments on that score are unpersuasive.

See, e.g., Schucker v. Rockwood,

(9th Cir. 1988)

(per curiam) (finding that a state judge was immune even though he

had ruled on a contempt petition after an appeal from a different

ruling had been filed). We also note that the district court had

no obligation to entertain their claim for declaratory relief. See

Wilton v. Seven Falls Co.,

(1995) (stating that

district courts have "unique and substantial discretion" in

deciding whether to consider claims for declaratory relief).

Affirmed. See 1st Cir. Loc. R. 27(c).

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