Telemaque v. Paul
ORDER granting 3 Deft's Motion to Dismiss . Signed by Judge James M Moody on 8/8/05. (vjt)
Telemaque v. Paul
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
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?