Jefferson v. Rockett ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30487
Conference Calendar
DANNY R. JEFFERSON,
Plaintiff-Appellant,
versus
OWEN ROCKETT; SHERIFF’S DEPARTMENT, RICHLAND PARISH;
GLENN ROBERTS, Judge 5th Judicial District Court;
LORELL GRAHAM, Sheriff of Richland Parish, Louisiana,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 99-CV-2121
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December 13, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Danny R. Jefferson appeals the judgment in favor of the
defendants in his civil rights suit asserting false arrest.
He argues that the district court erred in setting aside the
default judgment. From our review of the record, we find no
abuse of discretion. See Lacy v. Sitel Corp., 227 F.3d 290, 291-
93 (5th Cir. 2000); Harrell v. DCS Equip. Leasing Corp., 951 F.2d
1453, 1458-59 (5th Cir. 1992).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-30487
-2-
Jefferson argues that Glenn Roberts was not entitled to
absolute judicial immunity because Roberts had conducted a bench
trial in a proceeding involving Jefferson, after Jefferson had
requested a jury trial. “Judicial officers are entitled to
absolute immunity from claims for damages arising out of acts
performed in the exercise of their judicial functions.” Boyd v.
Biggers, 31 F.3d 279, 284 (5th Cir. 1994). The factual basis of
Jefferson’s argument defeats his contention.
To the extent that Jefferson’s summary of past purported
discrimination against him is his attempt to relitigate his use-
of-force claim adjudicated on the merits in 1998 in state court,
the matter is barred by the doctrine of res judicata. See United
States v. Shanbaum, 10 F.3d 305, 310 (5th Cir. 1994). The
remainder of his summary of past events, construed as an
argument, involves facts which either are irrelevant or give rise
to claims that are prescribed by the applicable one-year
prescriptive period. See Elzy v. Roberson, 868 F.2d 793, 794
(5th Cir. 1989).
Any argument which Jefferson could have raised directly
challenging final judgment or concerning his request for change
of venue of the state criminal proceedings is deemed abandoned.
See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
This appeal is without arguable merit and is thus dismissed
as frivolous. See 5TH CIR. R. 42.2. Jefferson is warned that
future frivolous appeals will invite the imposition of sanctions.
He should review any pending appeals to ensure that they do not
raise frivolous arguments.
No. 00-30487
-3-
DISMISSED AS FRIVOLOUS. SANCTION WARNING ISSUED.