Borninski v. Lewis, et al

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-11154
Conference Calendar
JACK W. BORNINSKI,
Plaintiff-Appellant,
versus
TOMI J. SHEHAN; MARILEA LEWIS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:99-CV-1551-R
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June 13, 2000
Before JOLLY, DAVIS, and STEWART, Circuit Judges.
PER CURIAM:*
Jack W. Borninski appeals from the district court’s
dismissal of his civil-rights lawsuit against Judge Marilea Lewis
and Tomi J. Shehan for lack of subject-matter jurisdiction and on
grounds of judicial immunity. We review the dismissal de novo.
See Robinson v. TCI/U.S. West Comm. Inc., 117 F.3d 900, 904 (5th
Cir. 1997)(subject-matter jurisdiction); Morin v. Caire, 77 F.3d
116, 120 (5th Cir. 1996) (immunity).
A review of the record shows that Lewis was entitled to
absolute judicial immunity against the instant 42 U.S.C. § 1983

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No. 99-11154
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lawsuit and that Shehan was not liable under § 1983 because he
was not a state actor. See Boyd v. Biggers, 31 F.3d 279, 284-85
(5th Cir. 1994)(judicial immunity); Mills v. Criminal Dist. Court
#3, 837 F.2d 677, 679 (5th Cir. 1988)(private attorneys are not
state actors). Borninski’s appeal lacks arguable merit. See
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983).
Accordingly, we DISMISS his appeal as frivolous. See 5TH
CIR. R. 42.2.

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