GUILLION v. CADE No. 10-30604. Summary Calendar.
SHELITA WINCHESTER GUILLION, Plaintiff-Appellant, v. HERBERT CADE, Judge, Civil District Court Parish of Orleans, Defendant-Appellee.
United States Court of Appeals, Fifth Circuit.
Filed October 25, 2011.
Before: GARZA, SOUTHWICK, and HAYNES, Circuit Judges.
Shelita Winchester Guillion moves this court for leave to proceed in forma pauperis (IFP) in this appeal from the district court's 28 U.S.C. § 1915(e)(2) dismissal as frivolous of her 42 U.S.C. § 1983 lawsuit against Judge Herbert Cade, who presided over her divorce proceedings. To be granted leave to proceed IFP, the movant must demonstrate financial eligibility and a nonfrivolous issue for appeal. FED. R. APP. P. 24(a); Carson v. Polley,
Although Guillion devotes her brief to arguments regarding judicial immunity, judicial immunity applies only to claims for monetary damages, not to claims for declaratory relief, and she specifically withdrew her claim for monetary damages. See Holloway v. Walker,
Guillion fails to address the district court's determination that her claim for declaratory relief was barred by the Rooker-Feldman doctrine. See Rooker v. Fidelity Trust Co.,
Accordingly, there is no nonfrivolous issue for appeal, and the motion for leave to proceed IFP is DENIED. See FED. R. APP. P. 24(a); Carson, 689 F.2d at 586. The appeal is without arguable merit, see Howard v. King,
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