In Re Marriage of Ruth M. Hopkins and Thomas C. Hopkins.thomas C. Hopkins, Petitioner-appellant, v. Edward G. Schaumberg, Iii, Respondent-appellee, 955 F.2d 49 (10th Cir. 1992)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

Thomas C. Hopkins, pro se appellant, appeals the United States District Court's dismissal of his appeal from the Colorado Supreme Court for lack of subject matter jurisdiction.

Mr. Hopkins filed a Petition for Writ of Certiorari in the Colorado Supreme Court which was denied for failure to pay a docket fee or provide an affidavit concerning his financial affairs as required to proceed in forma pauperis. Next, Mr. Hopkins filed a notice of appeal with the United States District Court for the District of Colorado which was dismissed for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(h) (3). From that dismissal, Mr. Hopkins appeals to this court.

Chief Judge Finesilver of the United States District Court for the District of Colorado recognized the court's obligation to view pro se pleadings by standards less stringent than those governing formal pleadings drafted by attorneys. Cognizant of this liberal standard, the district court stated in its Order of Dismissal that Mr. Hopkins's complaint was "styled as a notice of appeal" and that "the United States Supreme Court prohibits federal district courts from reviewing state court judgments." For this reason, the district court dismissed Mr. Hopkins's complaint under Fed. R. Civ. P. 12(h) (3) for lack of subject matter jurisdiction.

Having reviewed de novo the district court's order of dismissal, we agree with the decision and, therefore, will not discuss the merits of the case.

As Chief Judge Finesilver aptly stated in his Order of Dismissal:

" [United States district courts] do not have jurisdiction ... over challenges to state-court decisions in particular cases arising out of judicial proceedings even if those challenges allege that the state court's action was unconstitutional."

(Quoting District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 486 (1983)). Any appeal from a state's highest court must be addressed to the United States Supreme Court. See Facio v. Jones, 929 F.2d 541, 543 (10th Cir. 1991); 28 U.S.C. § 1257.

Therefore, the dismissal of the United States District Court for the District of Colorado is AFFIRMED. The mandate shall issue forthwith.