Paul Luna Vasquez, Plaintiff-appellant, v. Hugh H. Arnold, Ex-judge; William L. West, District Courtjudge, in and for Said 19th Judicial Districtdefendants-appellants, 48 F.3d 1233 (10th Cir. 1995)

Plaintiff Paul Luna Vasquez appeals the district court's dismissal of his 42 U.S.C.1983 action. We exercise jurisdiction under 28 U.S.C. 1291 and affirm.

Plaintiff brought a 42 U.S.C.1983 action against Defendants alleging violations of his Fifth, Sixth, Eighth, and Fourteenth Amendment rights. Plaintiff claimed Defendants improperly used, in 1977, a sixty-day jail sentence and a juvenile conviction to sentence him as a habitual criminal under Colorado's Habitual Criminal Act.

The magistrate judge reviewed Plaintiff's claim and recommended dismissal because, inter alia: (1) Defendants are absolutely immune from suit, see Mireles v. Waco, 502 U.S. 9, 9 (1991) (judge generally immune from suit for money damages); Stump v. Sparkman, 435 U.S. 349, 356-360 (1978) (judge immune from suit under 1983 provided he has not acted in "clear absence of all jurisdiction"); Hunt v. Bennett, 17 F.3d 1263, 1266 (10th Cir. 1994) (same), and (2) the statute of limitations has run on Plaintiff's claim, see Wilson v. Garcia, 471 U.S. 261, 276 (1985) (court applies state personal injury statute of limitations in 1983 case); Colo.Rev.Stat. 13-80-102 (providing a two-year limitations period for personal injury actions). The district court adopted the magistrate's recommendation and dismissed Plaintiff's claim.

We have reviewed the Plaintiff's brief and the entire record on appeal. We conclude the district court properly dismissed Plaintiff's claim. We affirm for substantially the same reasons as set forth in the magistrate's recommendation.

AFFIRMED.