U.S. Court of Appeals for the D.C. Circuit, 2023

Ansera Dupree, Jr. v. James Horwitz

Ansera Dupree, Jr. v. James Horwitz
U.S. Court of Appeals for the D.C. Circuit · Decided July 24, 2023

Ansera Dupree, Jr. v. James Horwitz

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 23-7046 September Term, 2022 1:23-cv-00819-UNA Filed On: July 24, 2023 Ansera Benet Dupree, Jr., Appellant v. James Horwitz, Judge, Appellee

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BEFORE: Pillard and Rao, Circuit Judges, and Sentelle, Senior Circuit Judge JUDGMENT This appeal was considered on the record from the United States District Court for the District of Columbia and the brief filed by appellant. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). Upon consideration of the foregoing, and appellant’s motion to appoint counsel, it is ORDERED that the motion to appoint counsel be denied. In civil cases, appellants are not entitled to appointment of counsel when they have not demonstrated sufficient likelihood of success on the merits. It is FURTHER ORDERED AND ADJUDGED that the district court’s April 12, 2023, order be affirmed. The district court correctly dismissed appellant’s claims for damages because appellee is absolutely immune from suits for money damages for actions taken within his judicial jurisdiction. See Sindram v. Suda, 986 F.2d 1459, 1460 (D.C. Cir. 1993) (per curiam). Further, to the extent appellant seeks to vacate orders issued by appellee, a state court judge, his case was properly dismissed because federal district courts do not have jurisdiction over “cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.” Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005).

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 23-7046 September Term, 2022 Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

Per Curiam

FOR THE COURT: Mark J. Langer, Clerk BY: /s/ Daniel J. Reidy Deputy Clerk

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