## 2007 D e c i sion s O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit
9-19-2007 

# W eldon v . C aldwel l
P r e c e de n t i al or N on-P r e c e de n t i al : N on-P r e c e de n t i al D ocke t N o . 07-1487

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## BLD-346 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 07-1487

______________________________________ ROBERT C. WELDON, Appellant

v. DISTRICT COURT WILLIAM W. CALDWELL

______________________________________ On Appeal From the United States District Court For the Middle District of Pennsylvania (D.C. Civ. No. 07-cv-00243) District Judge: Richard P. Conaboy

_______________________________________ Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B) August 16, 2007 Before: MCKEE, FUENTES AND VANANTWERPEN, CIRCUIT JUDGES (Filed: September 19, 2007)

____________________ OPINION

_______________________ PER CURIAM Appellant Robert C. Weldon, a Pennsylvania prisoner, appeals the District Court’s order dismissing his informapauperis civil rights complaint filed pursuant to 42 U.S.C. § 1983. In that complaint, Weldon alleged that Judge William W. Caldwell, who is presiding over a separate civil rights action brought by Weldon, improperly dismissed his motion for summary judgment to “advance the private interests of the defendants.”

## Weldon sought monetary damages and noted that “the rest of what [he] want[s] [the court] to do for [him] will be discussed at the appropriate time!” Concluding that Judge Caldwell is immune from suit, the District Court dismissed Weldon’s complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii). Weldon appealed. Weldon’s claims against Judge Caldwell are barred by the doctrine of judicial immunity. It is a well-established principle that judges are absolutely immune from suits for damages under 42 U.S.C. § 1983 when they act in a judicial capacity. See Stump v. Sparkman , 435 U.S. 349, 356-57 (1978) (citation omitted) (“A judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority; rather, he will be subject to liability only when he has acted in the ‘clear absence of all jurisdiction.’”). Because the act that Weldon complains of – dismissing his motion for summary judgment – was performed by Judge Caldwell in his official capacity, Judge Caldwell is entitled to judicial immunity. SeeGallas v. Supreme Court of Pennsylvania , 211 F.3d 760, 768-69 (3d Cir. 2000). Having found no merit to this appeal, we will dismiss it pursuant to 28 U.S.C. § 1915(e)(2)(B). Weldon’s motion for appointment of counsel is denied.

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