Joseph W. Blackburn v. John C. Calhoun ( 2008 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
OCT 16, 2008
No. 08-11982 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 07-00166-CV-BAE
JOSEPH W. BLACKBURN,
Representative Plaintiff and other
persons similarly situated, the
Plaintiff Class,
Plaintiff-Appellant,
versus
JOHN C. CALHOUN,
GEORGE R. FERNAMBUCQ,
the Law Firm of Boyd, Fernambucq & Vincent, P.C.
and its individual partners and/or shareholders,
L. STEPHEN WRIGHT,
the Law Firm of Najjar, Denaburg, P.C.
and its individual partners and/or shareholders,
CHARLES GORHAM,
and the Law Firm of Gorham & Cason, L.L.C.
and their individual partners and/or members,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
_________________________
(October 16, 2008)
Before TJOFLAT, BIRCH and HULL, Circuit Judges.
PER CURIAM:
This RICO1 action is rooted in an Alabama divorce suit. It was brought by
the plaintiff more than four years after the decree dissolving his marriage was
entered. The defendants are the judge who presided over the case, the lawyer who
represented appellant, the lawyer who represented his then wife, another unrelated
divorce lawyer, and their law firms.
In a thoroughgoing order, record, vol. 3 at tab 73,the district court granted
the judge summary judgment on the ground of judicial immunity, and dismissed
the claims against the remaining defendants as barred by the statute of limitations.
The court also denied plaintiff’s motion to alter or amend its judgment. Plaintiff
now appeals.
We agree for the reasons stated in the district court’s order that plaintiff’s
claims were due to be dismissed.
AFFIRMED.
1
The Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 et seq.
2