DRENNON v. COYER et al

Filing 4

MEMORANDUM SIGNED BY HONORABLE GERALD A. MCHUGH ON 9/4/14. 9/5/14 ENTERED AND COPIES MAILED TO PRO SE PLFF., DEFTS. AND 1 COPY TO LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASl!fl.~ICT OF PENNSYLVANIA
MICHAEL DRENNON

CIVIL ACTION

SEP 0 4 2014

v.
THE HONORABLE JUDGE

MICHAEL[. WJNZ, Clerk
COYER Peder&!. :

ANl9S

NO. 14-4662

MEMORANDUM
MCHUGH, J.

_SeJ:Lterober_A.,_ _

, 2O14

Plaintiff, a prisoner, has filed a pro se 42 U.S.C.

§

1983

civil rights lawsuit against a Judge of the Philadelphia County
Court of Common Pleas, his court-appointed attorney and the
individual who accused him of committing a crime.

He is

alleging, in essence, that he did not receive a fair and speedy
trial, and that he was denied the effective assistance of
counsel.
For the following reasons, plaintiff's complaint will be
dismissed as legally frivolous pursuant to 28 U.S.C.
§

1915(e) (2) (B) (i).
Judges have absolute immunity from

§

1983 actions

seeking money damages for actions performed in a judicial
capacity.

Stump v. Sparkman, 435 U.S. 349 (1978).

Nothing in

this complaint suggests that Judge Anne Coyer was acting outside
of her judicial capacity in connection with plaintiff's criminal
case.

Therefore, plaintiff's claims against Judge Coyer must be

dismissed.
In order to bring suit under 42 U.S.C.

§

1983, plaintiff

must allege that a person acting under color of state law
deprived him of his constitutional rights.

West v. Atkins, 487

U.S. 42 (1988).

A defense attorney, whether court-appointed or

privately retained, represents only his client, and not the
state, and cannot be sued under § 1983.
454 U.S. 312 (1981).

Polk County v. Dodson,

Therefore, plaintiff's court-appointed

counsel, Wayne A. Rodney, cannot be sued under

§

1983.

Finally, there are no allegations in the complaint that
would allow this Court to find that defendant, Maurice Young, is
a state actor.

Furthermore, a witness, governmental or

otherwise, may not be sued under 42 U.S.C. § 1983 for damages.
Briscoe v. LaHue, 460 U.S. 325 (1983).

Although plaintiff is

also seeking to have Mr. Young prosecuted for perjury, a private
citizen does not have a judicially cognizable interest in the
criminal prosecution or nonprosecution of another.

Linda R.S. v.

Richard D., 410 U.S. 614, 619 (1973).

./)_...Cl~ /'7 I
Gerald Austin McHugh, J.