Copeland v. Throesch

Filing 3

ORDER granting 1 MOTION for Leave to Proceed in forma pauperis. As Judges are absolutely immune from suit for acts within their judicial capacity, Copeland's claims against Judge Throesch fail as a matter of law. Signed by Judge D. P. Marshall Jr. on 7/28/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
PLAINTIFF

MARK E. COPELAND
No. 3:14-cv-177-DPM

v.

DEFENDANT

JOHN THROESCH
ORDER

1. Copeland moves to proceed in forma pauperis. NQ 1. Copeland has

many dependants and his utility bills account for nearly his entire income. He
cannot afford to pay the filing fee and service fees. Copeland's IFP request is
therefore granted.
2. The Court must screen Copeland's complaint before ordering service.

28 U.S.C. § 1915(e)(2)(B).

Copeland says Judge Throesch violated his

constitutional rights by denying him the right to a jury trial. NQ 2 at 2. He
seeks a jury trial, removal of Judge Throesch, and reimbursement for removal
expenses.

To the extent Copeland disagrees with the rulings of Judge

Throesch, the proper avenue for relief is an appeal, not a new lawsuit. Butz

v. Economou, 438 U.S. 478,508-509 (1978). Judges are absolutely immune from
suit for acts within their judicial capacity. Butz, 438 U.S. at 508. Copeland's
claims against Judge Throesch fail as a matter of law.

So Ordered.
"

?7

D.P. Marshall Jr.
United States District Judge
v

d& ~d~ Jtfl(
:;

I