[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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Nos. 15-12201; 15-12683

Non-Argument Calendar

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D.C. Docket No. 8:15-cv-01015-JDW-TGW

MORGAN ALLEN ARMSTRONG, 

 Plaintiff-Appellant,

versus

MICHAEL F. ANDREWS, 

Honorable Judge,

M. E. HALKITIS, 

RYAN MCGEE,

Asst. State Attorney,

MARK MOE,

Major Crimes Detective (Retired),

BRENDA MCBEL, 

Deputy Clerk of Court, 

 Defendants-Appellees.

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Appeals from the United States District Court

for the Middle District of Florida

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(March 18, 2016)

Case: 15-12201 Date Filed: 03/18/2016 Page: 1 of 3 
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Before WILSON, WILLIAM PRYOR and ROSENBAUM, Circuit Judges.

PER CURIAM: 

Morgan Armstrong, a Florida prisoner, appeals pro se the sua sponte 

dismissal of his complaint against Judge Michael Andrews, Assistant State 

Attorney M.E. Halkitis, Assistant State Attorney Ryan McGee, retired Major 

Crimes Detective Mark Moe, and Deputy Clerk of Court Brenda McBel. See 42 

U.S.C. § 1983. The district court concluded that Armstrong’s allegations about the 

violation of his constitutional rights during a state criminal proceeding failed to 

state a claim. See 28 U.S.C. § 1915(e)(2)(B)(ii). We affirm.

Judges and prosecutors ordinarily enjoy absolute immunity from suits about 

actions taken in their official capacities. Judges enjoy absolute immunity for all 

actions taken in their judicial capacity except when taken in a “clear absence of all 

jurisdiction.” Bolin v. Story, 225 F.3d 1234, 1239 (11th Cir. 2000) (internal 

quotation marks and citation omitted). Absolute judicial immunity “applies even 

when [a] judge’s acts are in error, malicious, or were in excess of his or her 

jurisdiction.” Id. Prosecutors also enjoy absolute immunity for actions undertaken 

in the course of initiating a prosecution. Id. at 1242. But a prosecutor is not 

immune from suit if he knowingly makes false statements of fact in an affidavit. 

Jones v. Cannon, 174 F.3d 1271, 1282 (11th Cir. 1999).

Case: 15-12201 Date Filed: 03/18/2016 Page: 2 of 3 
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The district court correctly dismissed Armstrong’s complaint. Armstrong 

alleged that Judge Andrews credited testimony that he knew was false during a 

pretrial hearing, but the judge is entitled to absolute immunity for actions 

performed in the exercise of his official duties. See Bolin, 225 F.3d at 1239; Sibley 

v. Lando, 437 F.3d 1067, 1070 (11th Cir. 2005). Prosecutor Halkitis is not liable 

for allegedly using false affidavits to secure a warrant for Armstrong’s arrest

because that act was undertaken in her role as an advocate for the State. See Bolin, 

225 F.3d at 1242. Armstrong did not allege that Halkitis knew the affidavits were 

false. And Halkitis is not liable for false statements that Armstrong alleged were

made by Detective Moe. See Jones, 174 F.3d at 1282. Armstrong has waived any 

challenge that he could have made to the dismissal of his complaints against the 

remaining members of the prosecution team. See Henry v. Warden, 750 F.3d 1226, 

1232 (11th Cir. 2014). Armstrong does not dispute that he failed to state a claim 

against Detective Moe or that Assistant State Attorney McGee and Deputy Clerk 

McBel are immune from liability.

We AFFIRM the dismissal of Armstrong’s complaint.

Case: 15-12201 Date Filed: 03/18/2016 Page: 3 of 3