Mark David Frankel v. Supreme Court of Pennsylvania

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No: 06-2788
MARK DAVID FRANKEL,
Appellant
v.
SUPREME COURT OF PENNSYLVANIA, et al,
Appellee
Appeal from the United States District Court
for the Eastern District of Pennsylvania
(05-CV-01450)
District Court: Hon. Legrome D. Davis
Submitted July 24, 2008
Pursuant to Third Circuit LAR 34.1(a)
Before: McKEE, FUENTES, and WEIS, Circuit Judges,
MARK DAVID FRANKEL, pro se
1510 Kentwood Lane
York, PA 17403
Counsel for Appellant
MARY BUTLER, ESQ.
Administrative Office of the Pennsylvania Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
Counsel for Appellee

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(Filed August 13, 2008 )
OPINION OF THE COURT
McKee, Circuit Judge.
Mark David Frankel appeals the district court’s April 4, 2005, April 20, 2005, and
April 27, 2006 orders, which together dismissed the complaint in which he had alleged a
cause of action under 42 U.S.C. § 1983. In that complaint, Frankel alleged that the
Disciplinary Board of the Supreme Court of Pennsylvania, and certain named individuals
violated his Fourteenth Amendment right to procedural due process during disciplinary
proceedings that resulted in his disbarment. We will affirm.
Inasmuch as we write only for the parties who are familiar with this case, we need
not recite the factual or procedural background of this dispute. We have reviewed the
district court’s thorough and thoughtful memoranda explaining the absence of subject
matter jurisdiction to hear some of Frankel’s claims in federal court, and why the
defendants are entitled to immunity on his remaining claims. The district court’s
memoranda fully and accurately explain why Frankel’s complaint must be dismissed, and
we will affirm substantially for the reasons set forth therein.

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