Telemaque v. Paul

Filing 5

ORDER granting 3 Deft's Motion to Dismiss . Signed by Judge James M Moody on 8/8/05. (vjt)

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Telemaque v. Paul Doc. 5 Case 2:05-cv-00183-JMM Document 5 Filed 08/08/2005 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION MICHAEL P. TELEMAQUE VS. MAURICE M. PAUL ORDE R Pending is defendant's Motion to Dismiss contending that (1) he is immune from suit based upon actions taken in his official capacity as a United States District Judge in the United States District Court, Northern District of Florida and (2) plaintiff has failed to state a claim upon which relief may be granted. Plaintiff's complaint contains allegations that Judge Paul breached a contract which plaintiff contends resulted from an Order issued by Judge Paul in which he denied plaintiff's Motion to Vacate a Void Judgment. The Judgment which plaintiff sought to void resulted from actions taken in a criminal proceeding against plaintiff and a subsequent 42 U.S.C. 2255 petition. Pursuant to the holding in Mireles v. Waco, 502 U.S. 9, 11, 112 S.Ct. 286, 288, 116 L.Ed.2d 9 (1991) ( per curiam) and Duty v. City of Springdale, 42 F.3d 460 (1994), Judge Paul is absolutely immune from a suit for damages for his actions taken in the criminal proceedings against plaintiff. Furthermore, Judge Paul's actions in plaintiff's criminal case did not result in a contract with plaintiff resulting in plaintiff failing to state a claim upon which relief may be granted. CASE NO. 2:05CV00183 JMM DEFENDANT PLAINTIFF Case 2:05-cv-00183-JMM Document 5 Filed 08/08/2005 Page 2 of 2 The Motion to Dismiss is granted (#3). Judgment will be entered accordingly. IT IS SO ORDERED this 8 day of August 2005. James M. Moody United States District Judge

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