COBBLE v. SELLERS

Filing 13

ORDER denying 11 Motion to arrest Judge Treadwell. Ordered by US Magistrate Judge STEPHEN HYLES on 10-15-14 (mpm) (Main Document 13 replaced on 10/15/2014) (tlf).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DANIEL ERIC COBBLE,
Plaintiff
VS.
ERIC SELLERS, Warden,

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CIVIL No: 5:14-CV-0313-MTT-MSH

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Defendant.

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ORDER

Presently pending before the Court is Plaintiff, Daniel Eric Cobble’s motion to
arrest Judge Treadwell.

(ECF No. 11.)

“Judges are absolutely immune from civil

liability . . . for acts performed in their judicial capacity, provided such acts are not done in
the clear absence of all jurisdiction.”

Roland v. Phillips, 19 F.3d 552, 555 (11th

Cir.1994). Plaintiff apparently claims Judge Treadwell committed some type of crime
with his statements in the Order filed in this case on September 26, 2014. (ECF No. 5.)
In filing an Order in this case, Judge Treadwell was clearly acting within his judicial
capacity. Furthermore, given that 28 U.S.C. § 2241 confers jurisdiction upon the district
court over habeas actions brought under § 2241, the Court has jurisdiction over Plaintiff’s
case.

Therefore, Judge Treadwell enjoys absolute judicial immunity for the Order

complained of by Plaintiff, and Plaintiff’s motion is denied.
SO ORDERED, this 15th day of October, 2014.
/s/ Stephen Hyles
UNITED STATES MAGISTRATE JUDGE