ORDER
Anthony Kipen, a Michigan state prisoner, appeals pro se a district court order dismissing his civil rights complaint, filed under the authority of Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics,
Seeking $15,500,000 as well as declaratory and injunctive relief, Kipen filed this action against the federal district court judge who was assigned to his petition for a writ of habeas corpus. Kipen alleged that defendant had delayed ruling on his petition, which had been filed in February 2001. Kipen had previously filed a mandamus petition in this court seeking the issuance of the writ on the basis that the respondent had failed to file a timely response to the petition. The petition for mandamus relief was denied. This complaint was filed in May 2002.
The district court screened the complaint and dismissed it for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B), and denied Kipen’s motion for reconsideration. This appeal followed. Kipen argues that defendant is not entitled to absolute immunity because his actions were either criminal or administrative in nature.
Upon consideration, we conclude that this complaint was properly dismissed for failure to state a claim for the reasons stated by the district court. Control of the docket is a function for which judges are entitled to absolute immunity. Doyle v. Camelot Care Ctrs., Inc.,
Kipen argues on appeal that defendant’s actions in this case were administrative rather than judicial, citing Forrester v. White,
Accordingly, the order dismissing this complaint is affirmed. Rule 34(j)(2)(C), Rules of the Sixth Circuit.
