Cullum v. Irwin et al

Filing 8

ORDER finding that defts' 6 Motion to Dismiss has merit and pltf's complaint fails to state a claim; therefore, the complaint is dismissed with prejudice; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 11/3/10. (vjt)

Cullum v. Irwin et al

Doc. 8

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION HARVEY CULLUM v. No. 1:10CV00070 JLH PLAINTIFF

MICHAEL E. IRWIN, Individually and in his Official Capacity as District Court Judge; and CLEBURNE COUNTY DISTRICT COURT ORDE R

DEFENDANTS

Harvey Cullum has filed a complaint against Michael E. Irwin, individually and in his official capacity as a District Court Judge of Cleburne County, Arkansas, and against the District Court of Cleburne County, Arkansas, alleging that he was deprived of his right to a trial by jury. The defendants have filed a motion to dismiss on the ground that the complaint is barred by the doctrines of sovereign immunity and absolute judicial immunity. Defendants also argue that the complaint fails as a matter of law because Cullum had the right to appeal his conviction in district court and have a trial by jury in circuit court. Cullum has not responded. The motion to dismiss has merit. Cullum's complaint fails to state a claim, as a matter of law, because he had the right to appeal his conviction to circuit court and obtain a jury trial. Moreover, his claims are barred by the doctrines of sovereign immunity and absolute judicial immunity. Therefore, the complaint is dismissed with prejudice. IT IS SO ORDERED this 3rd day of November, 2010.

J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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