Anderson v. Eighth Appellate District Court of Appeals of Ohio, No. 1:2015cv01457 - Document 3 (N.D. Ohio 2015)
Court Description: Memorandum of Opinion and Order signed by Judge James S. Gwin on 8/28/15. The Court grants plaintiff's motion to proceed in forma paupris and dismisses the complaint for the reasons set forth in this order. (Related Doc. 1 , 2 ) (M,G)
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Anderson v. Eighth Appellate District Court of Appeals of Ohio Doc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO WILFRED S. ANDERSON, Plaintiff, v. EIGHTH APPELLATE DISTRICT COURT OF APPEALS OF OHIO, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:15 CV 1457 JUDGE JAMES S. GWIN MEMORANDUM OF OPINION AND ORDER On July 23, 2015, pro se plaintiff Wilfred S. Anderson filed this in forma pauperis action against defendant Eighth Appellate District Court of Appeals of Ohio. Plaintiff alleges in his very brief Complaint that an appellate decision by defendant was erroneous, and asserts the decision violated “civil procedural due process.” He seeks an injunction ordering defendant to reconsider its decision with different judges. Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364, 365 (1982) (per curiam), the district court is required to dismiss an action under 28 U.S.C. § 1915(e) if it fails to state a claim upon which relief can be granted, or if it lacks an arguable Dockets.Justia.com basis in law or fact.1 Neitzke v. Williams, 490 U.S. 319 (1989); Hill v. Lappin, 630 F.3d 468, 470 (6th Cir. 2010). United States District Courts do not have jurisdiction to overturn state court decisions even if the request to reverse the state court judgment is based on an allegation that the state court’s action was unconstitutional. Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 292 (2005). Federal appellate review of state court judgments can only occur in the United States Supreme Court, by appeal or by writ of certiorari. Id. Under this principle, generally referred to as the Rooker-Feldman Doctrine, a party losing in state court is barred from seeking what in substance would be appellate review of the state judgment in a United States District Court based on the party’s claim that the state judgment itself violates federal rights. Berry v. Schmitt, 688 F.3d 290, 298-99 (6th Cir. 2012). The Rooker-Feldman doctrine is based on two United States Supreme Court decisions interpreting 28 U.S.C. § 1257(a).2 See District of Columbia Court of Appeals v. Feldman, 460 1 2 An in forma pauperis claim may be dismissed sua sponte, without prior notice to the plaintiff and without service of process on the defendant, if the court explicitly states that it is invoking section 1915(e) [formerly 28 U.S.C. § 1915(d)] and is dismissing the claim for one of the reasons set forth in the statute. Chase Manhattan Mortg. Corp. v. Smith, 507 F.3d 910, 915 (6th Cir. 2007); Gibson v. R.G. Smith Co., 915 F.2d 260, 261 (6th Cir. 1990); Harris v. Johnson, 784 F.2d 222, 224 (6th Cir. 1986). 28 U.S.C. § 1257(a) provides: Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of any State is drawn in question on the ground of its being (continued...) 2 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923). This statute was enacted to prevent “end-runs around state court judgments” by requiring litigants seeking review of that judgment to file a writ of certiorari with the United States Supreme Court. The doctrine is based on the negative inference that, if appellate court review of state judgments is vested in the United States Supreme Court, then such review may not occur in the lower federal courts. Exxon Mobil Corp., 544 U.S. at 283-84; Kovacic v. Cuyahoga County Dep't of Children and Family Services, 606 F.3d 301, 308-311 (6th Cir. 2010); Lawrence v. Welch, 531 F.3d 364, 369 (6th Cir. 2008). To determine whether Rooker–Feldman bars a claim, the Court must look to the “source of the injury the plaintiff alleges in the federal complaint.” McCormick v. Braverman, 451 F.3d 382, 393 (6th Cir.2006); see Berry, 688 F.3d at 299; Kovacic, 606 F.3d at 310. If the source of the plaintiff's injury is the state-court judgment itself, then the Rooker–Feldman doctrine bars the federal claim. McCormick, 451 F.3d at 393. “If there is some other source of injury, such as a third party's actions, then the plaintiff asserts an independent claim.” Id.; see Lawrence, 531 F.3d at 368–69. In conducting this inquiry, the court should also consider the plaintiff’s requested relief. Evans v. Cordray, No. 09–3998, 2011 WL 2149547, at *1 (6th Cir. May 27, 2011) Plaintiff seeks to directly attack the state court’s decision in his case. Any review of the 2 (...continued) repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States. 3 federal claims asserted in this context would require the court to review the specific issues addressed in the state court proceedings. This court lacks subject matter jurisdiction to conduct such a review or grant the relief requested. Feldman, 460 U.S. at 483-84 n. 16; Catz, 142 F.3d at 293. Accordingly, the request to proceed in forma pauperis is granted, and this action is dismissed under section 1915(e). The court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. IT IS SO ORDERED. Dated: August 28, 2015 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 4
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