Anthony v. Roberson
Anthony v. Roberson
Opinion of the Court
ORDER
Mark Tyler Anthony, a Michigan prisoner proceeding pro se, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
Seeking equitable and monetary relief, Anthony sued the City of Detroit, and Judge Dalton Roberson and Judge Gersh
This court reviews de novo a district court’s decision to dismiss under 28 U.S.C. §§ 1915(e) and 1915A. See McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997). A case is frivolous if it lacks an arguable basis either in law or in fact. See Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). In determining whether a complaint fails to state a claim, this court construes the complaint in the light most favorable to the plaintiff, accepts his factual allegations as true, and determines whether he can prove any set of facts in support of his claims that would entitle him to relief. See Turker v. Ohio Dep’t of Rehab. and Corr., 157 F.3d 453, 456 (6th Cir. 1998).
Upon review, we conclude that the district court properly dismissed Anthony’s complaint. Anthony fails to state a claim under § 1983 as his complaint is barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). There is no evidence that Anthony’s sex crimes have been reversed by the Michigan state courts, questioned by a federal writ of habeas corpus, or otherwise terminated in Anthony’s favor. Because Anthony’s arguments necessarily attack the legality of his conviction, his civil rights action is barred by the holding in Heck. See Shamaeizadeh v. Cunigan, 182 F.3d 391, 396 (6th Cir. 1999).
Moreover, Judge Roberson and Judge Drain are entitled to immunity. A judge has absolute immunity from civil suits for monetary damages unless the judge has acted in a non-judicial capacity or has performed judicial acts in the complete absence of all jurisdiction. See Mireles v. Waco, 502 U.S. 9, 9-12, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991); Barnes v. Winched, 105 F.3d 1111, 1115-16 (6th Cir. 1997). Here, Anthony is complaining of judicial acts by Judge Roberson and Judge Drain. As Michigan Circuit Court judges, Judge Roberson and Judge Drain had subject matter jurisdiction to preside over matters pertaining to the felony criminal charges against Anthony and his subsequent post-conviction proceedings in the trial court. A complaint which seeks damages is frivolous and must be dismissed as to any defendant who is immune from such relief. See 28 U.S.C. § 1915(e)(2)(B)(iii); 28 U.S.C. § 1915A; Neitzke, 490 U.S. at 327,109 S.Ct. 1827.
Anthony’s conspiracy claims are simply broad allegations, void of the factual specificity required to state a claim under § 1983. See Gutierrez v. Lynch, 826 F.2d 1534, 1538 (6th Cir. 1987). Such conelusory allegations also do not negate the fact that the only factually specific acts and omissions concerning Judge Roberson and Judge Drain of which Anthony complains are judicial acts taken in a judicial capacity.
Accordingly, the district court’s judgment is affirmed. Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Reference
- Full Case Name
- Mark Tyler ANTHONY v. Dalton A. ROBERSON, Judge Gershwin A. Drain the City of Detroit
- Cited By
- 7 cases
- Status
- Published