Walter Molenkamp v. George R. Corsiglia, Circuit Court Judge, 902 F.2d 1569 (6th Cir. 1990). · Go Syfert
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Walter Molenkamp v. George R. Corsiglia, Circuit Court Judge, 902 F.2d 1569 (6th Cir. 1990). Cases Citing This Book View Copy Cite
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cited 3× by 1 distinct case · “The lack of subject matter jurisdiction cannot be cured by waiver.”
49 citation events (18 in the last 25 years) across 7 distinct courts.
Strongest positive: Cawley v. Cooper & Elliott, LLC (ohsd, 2025-09-18)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (quoted) Cawley v. Cooper & Elliott, LLC
S.D. Ohio · 2025 · quote attribution · 1 verbatim quote · confidence low
the lack of subject matter jurisdiction cannot be cured by waiver.
discussed Cited "see" Ceo v. Commissioner of Social Security
S.D. Ohio · 2020 · signal: see · confidence high
See Paquette v. Sullivan, 902 F.2d 1569 , 1990 WL 66814, at *2 (6th Cir. May 21, 1990) (citing Johnson v. Sec’y of H.E.W., 679 F.2d 605 (6th Cir. 1982)) (post-insured status evidence may only be considered if it sheds light on a claimant’s condition during the insured period.).
discussed Cited "see" Ralph Moore, Jr. v. City of Harriman Harriman Police Department Roy Jenkins, Chief of Police, Harriman Police Department Darren McBroom Terry Fink Randy Heidle Virgil McCart Jerry Singleton
6th Cir. · 2001 · signal: see · confidence high
Sumner, 166 F.3d 1213 , 1998 WL 786979 , at *1 (6th Cir. 1998) (same); Fennell v. Simmons, 162 F.3d 1161 , 1998 WL 552830 , at *2-3 (6th Cir. 1998) (Nelson, J.,) (dismissing appeal on jurisdictional grounds because the complaint failed to clearly set forth that the plaintiff was suing the state defendants in their individual capacities; citing Wells); Young v. Ward, 149 F.3d 1185 , 1998 WL 384564 , at *1 (6th Cir. 1998) (order) (affirming grant of summary judgment, noting that the plaintiff did not specify the capacity that he was suing the defendants in their individual capacities, and under …
discussed Cited "see" Moore v. City of Harriman
6th Cir. · 2001 · signal: see · confidence high
LEXIS 3932, at *3 (6th Cir.2001) (order) (because complaint did not indicate that the defendants were being sued personally, court assumed that they were sued in their official capacity as state employees; citing Wells), cert. denied, — U.S. -, 122 S.Ct. 54 , - L.Ed.2d - (2001) (No. 00-1823); Jasman v. Schmidt, 248 F.3d 1149 , 2001 WL 128430 , at *1 (6th Cir.2001) (affirming district court’s holding that defendants were immune from monetary damages because the plaintiff failed to allege capacity; citing Wells); Lillie v. Egelhoff, 238 F.3d 422 , 2000 WL 1829015 , at *1 (6th Cir.2000) (orde…
Retrieving the full opinion text from the archive…
Walter Molenkamp
v.
George R. Corsiglia, Circuit Court Judge
90-1143.
Court of Appeals for the Sixth Circuit.
May 21, 1990.
902 F.2d 1569
Unpublished
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: S.D. Ohio (1)

902 F.2d 1569

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Walter MOLENKAMP, Plaintiff-Appellant,
v.
George R. CORSIGLIA, Circuit Court Judge, Defendant-Appellee.

No. 90-1143.

United States Court of Appeals, Sixth Circuit.

May 21, 1990.

1

Before KENNEDY and RYAN, Circuit Judges, and JULIAN A. COOK, Chief District Judge.[*]

ORDER

2

Walter Molenkamp, a pro se Michigan prisoner, moves for a default judgment on appeal from the dismissal of his civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and appellant's brief, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

3

Molenkamp brought suit against a Michigan state court judge seeking $300,000 in damages. The complaint alleged that the defendant had refused Molenkamp's request for a new trial in his criminal conviction on discriminatory grounds. The district court dismissed the complaint as frivolous under 28 U.S.C. Sec. 1915(d), on the ground of judicial immunity.

4

Upon consideration, we conclude that this case was properly dismissed, as it lacks any arguable basis in law. See Neitzke v. Williams, 109 S.Ct. 1827, 1831 (1989).

5

Accordingly, the motion for default judgment is denied, and the order of dismissal is affirmed for the reason stated by the district court. Rule 9(b)(5), Rules of the Sixth Circuit.

*

The Honorable Julian A. Cook, Chief U.S. District Judge for the Eastern District of Michigan, sitting by designation