Leaphart v. Robinson

Filing 9

ORDER denying 8 Motion for relief from judgment. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KIRK LEAPHART,
Plaintiff,
Case No. 12-15618
v.
Hon. John Corbett O’Meara
DAVID S. ROBINSON, JR.,
Defendant.
_________________________/

ORDER DENYING PLAINTIFF’S MOTION
FOR RELIEF FROM JUDGMENT
Before the court is Plaintiff’s motion for relief from judgment. The court dismissed
Plaintiff’s complaint on January 18, 2013, after reviewing it pursuant to 28 U.S.C. § 1915(e).
The court concluded that Plaintiff failed to allege facts sufficient to overcome Defendant’s
judicial immunity. Plaintiff seeks reconsideration, contending that Defendant, a 36th District
Judge, is not immune because he acted “in the complete absence of all jurisdiction.” See Stern v.
Mascio, 262 F.3d 600, 607 (6th Cir. 2001). However, Plaintiff’s allegations indicate that he
disagrees with Judge Robinson’s application of the law, not that the judge acted in the complete
absence of all jurisdiction. See id. (“[S]imply exceeding the limits of one’s jurisdiction will not
eliminate immunity, because many courts are courts of limited jurisdiction regularly called upon
to resolve unsettled points of law relating to the contours of their own jurisdiction. . . . Even
grave procedural errors or acts taken when no statute purports to confer on the court the
authority purportedly exercised will not deprive a judge of judicial immunity.”).
Because Plaintiff cannot overcome Defendant’s judicial immunity, IT IS HEREBY

ORDERED that Plaintiff’s motion for relief from judgment is DENIED.

s/John Corbett O'Meara
United States District Judge

Date: June 6, 2013

I hereby certify that a copy of the foregoing document was served upon the parties of
record on this date, June 6, 2013, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager

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