G. Sam Houston, Plaintiff-appellant, v. William P. Demoulin, Individually, As a Lawyer, As a Judgeand in His Official Capacity and As Acting Undercolor of Colorado State Law, Defendant-appellee, 74 F.3d 1249 (10th Cir. 1996)

ORDER AND JUDGMENT¹ 

LOGAN, Judge

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Plaintiff G. Sam Houston appeals the dismissal pursuant to 28 U.S.C.1915(d) of his civil rights complaint against a state court judge, William P. Demoulin. We agree with the district court that all of the allegations relate to actions the judge took in his capacity as a judge and must fail, despite the plaintiff's attempt to escape the jurisdictional bar of absolute immunity for a judge. Plaintiff makes somewhat nebulous allegations that the judge was involved in the publicity surrounding the charges against plaintiff. None of the newspaper articles he attaches attribute comments to the judge, and plaintiff plainly overlooks the facts that in all usual circumstances court proceedings are open to the public and documents filed in a court case are accessible to the public, including the press. The district court's Order of Dismissal of June 16, 1995, extensively deals with the allegations of the complaint, and we affirm for substantially the reasons stated therein. In making this ruling we considered the allegations in plaintiff's Motion for Rehearing, Request for Leave to Amend or Correct Deficiencies and Add Defendants filed in the district court. We see nothing there that would change our determination.

AFFIRMED. The mandate shall issue forthwith.