Opinion
CIVIL ACTION NO. 3:16-1531
09-02-2016
JOHN R. WALSH, III Plaintiff v. JUDGE EDWIN KOSIK, et al., Defendants
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(M.J. Carlson) ORDER
Based on the report of Judge Carlson, (Doc. 3), to which no objections have been filed, IT IS HEREBY ORDERED THAT the report is ADOPTED IN ITS ENTIRETY. Plaintiff's complaint, (Doc. 1), is DISMISSED WITH PREJUDICE. See Roy v. Supreme Court of U.S., 484 F.App'x 700, 700 (3d Cir. 2012) (dismissal under Rule 8 is justified if the complaint is not comprehensible). Leave to amend is DENIED. The Clerk is directed to close the case.
As Judge Carlson finds, Judge Kosik and Judge Mehalchick are protected by absolute immunity for all judicial acts except those made in the clear absence of jurisdiction. Cleavinger v. Saxner, 474 U.S. 193, 199, 106 S.Ct. 496, 88 L.Ed.2d 507 (1985); Stump v. Sparkman, 435 U.S. 349, 356-67, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978); Clark v. Conahan, 737 F.Supp.2d 239, 255-256 (M.D.Pa. 2010). "Judicial immunity provides complete immunity from suit, not merely from an ultimate assessment of damages." Smith v. Laster,787 F.Supp.2d at 319 (citing Mireles v. Waco, 502 U.S. 9, 11, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991)). --------
/s/ _________
MALACHY E. MANNION
United States District Judge Date: September 2, 2016