#### Steven Paul FLEMING, Appellant v. Thomas M. BLEWITT, U.S. Magistrate Judge, Middle District of PA, Scranton, PA; Thomas I. Vanaskie, Middle District of PA, Scranton, PA; Judge J. Curtis Joyner, District Court; Judge Fisher 3rd Circuit, Philadelphia, PA; Judge McKee, 3rd Circuit, Philadelphia, PA; Judge Chagares, 3rd Circuit, Philadelphia, PA.

No. 10-3260.

United States Court of Appeals, Third Circuit.

Submitted for Possible Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 Nov. 24, 2010.

Opinion filed: Dec. 7, 2010.

Steven Paul Fleming, Lansdale, PA, pro se.

Robert A. Zauzmer, Office of United States Attorney, Philadelphia, PA, for Thomas M. Blewitt, U.S. Magistrate Judge, Middle District of PA, Scranton, PA.

Before: SLOVTTER, JORDAN and GREENAWAY, JR., Circuit Judges.

OPINION

PER CURIAM.

Steven Paul Fleming, proceeding *pro se,*appeals from the District Court’s dismissal of his complaint. For the reasons that follow, we will summarily affirm the judgment of the District Court.

Fleming initiated the instant action in the United States District Court for the Eastern District of Pennsylvania on April 30, 2010.1 In his complaint, he named as defendants Magistrate Judge Blewitt, District Judges Vanaskie2 and Joyner, and Third Circuit Judges Fisher, McKee and Chagares. All of these judges had presided over cases previously filed by Fleming. Fleming has been an active litigant in the United States District Courts for the Eastern and Middle Districts of Pennsylvania. He has filed complaints regarding his diagnosis of paranoid schizophrenia by the Department of Veterans Affairs and the loss of his aviation license by the Federal Aviation Administration. Many of his complaints are related to alleged cocaine smuggling by Air America, which was based in Scranton, Pennsylvania. For various reasons, none of Fleming’s previous lawsuits has proceeded to trial.

In the instant complaint, Fleming alleged that he has not been allowed to submit evidence in support of his claims, that he has not been allowed to address a jury, that the judges to whom his cases have been assigned have been biased against him, and that they have thereby violated his right to due process. The District Court granted his motion to proceed in forma pauperis and dismissed his complaint for failure to state a claim upon *646which relief could be granted. *See*28 U.S.C. § 1915(e)(2)(B). Fleming named six federal judges as defendants. As the District Court explained, absent certain very limited exceptions, a judicial officer cannot be held liable for actions taken in his capacity as a judge. *See Capogrosso v. Supreme Court of New Jersey,*588 F.3d 180, 184 (3d Cir.2009). As Fleming failed to allege that the named defendants took any action outside their capacity as judges, we agree that the District Court properly dismissed his complaint for failure to state a claim. Because this appeal presents no “substantial question,” we will summarily affirm the judgment of the District Court. *See*3d Cir. LAR 27.4 & I.O.P. 10.6. Fleming’s motion for the appointment of counsel is denied.

1

. While the complaint was filed in the Eastern District of Pennsylvania, due to the allegations of judicial bias, Chief Judge McKee appointed Judge Wolfson of the District of New Jersey to preside over this case. *See*28 U.S.C. § 292(b).

2

. Judge Vanaskie has since been elevated to this court.