Mitchell Holbach v. William McLees

¶1 North Dakota inmate Mitchell David Holbaeh appeals the district court’s 1 pre-service dismissal without prejudice of his 42 U.S.C. § 1983 action. Upon de novo review, see Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir.1999) (per curiam), we agree with the district court that the defendant was entitled to absolute judicial immunity from suit, see Penn v. United States, 335 F.3d 786, 789 (8th Cir.2003) (holding that judges are entitled to absolute immunity from suit for all judicial actions that are not taken in the complete *704 absence of jurisdiction). We affirm. See 8th Cir. R. 47B.