John Spencer Carpenter, Plaintiff-appellant, v. Janice P. Dreiling, Defendant-appellee, 16 F.3d 415 (10th Cir. 1994)

ORDER AND JUDGMENT¹ 

BALDOCK

Plaintiff John Spencer Carpenter, proceeding pro se, appeals the district court's dismissal of his civil rights complaint as frivolous under 28 U.S.C.1915(d). We have jurisdiction under 28 U.S.C. 1291.

Plaintiff, acting pro se and requesting leave to proceed in forma pauperis, 28 U.S.C.1915(d), filed his complaint in federal district court pursuant to 42 U.S.C.1983, seeking damages against Defendant Janice P. Dreiling for violating Plaintiff's civil rights. Before Defendant was served with Plaintiff's complaint, the district court, acting sua sponte, dismissed the complaint without prejudice as frivolous under 28 U.S.C.1915(d), finding Defendant absolutely immune from suit.

We review the trial court's dismissal for abuse of discretion. Denton v. Hernandez, 112 S. Ct. 1728, 1734 (1992). The complaint names Defendant as the only party defendant and identifies Defendant as a Washington County District Judge. The allegations against Defendant as set forth in the complaint indicate that she was acting in her capacity as a judge. Because the law is clearly established that judges, when acting in their judicial capacity, are entitled to absolute immunity, see Stump v. Sparkman, 435 U.S. 349, 356 (1978), the district court did not abuse its discretion.

AFFIRMED.