Jermaine Capel v. Commonwealth of Virginia

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:15-cv-00227-AWA-LRL Copies to all parties and the district court/agency. [999787773]. Mailed to: Jermaine Capel 600 Creamer Road Norfolk, VA 23503. [15-2039]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-2039

JERMAINE CAPEL,
Plaintiff – Appellant,
v.
COMMONWEALTH OF VIRGINIA DEPARTMENT OF SOCIAL SERVICES
DIVISION OF CHILD SUPPORT ENFORCEMENT; NORFOLK JUVENILE AND
DOMESTIC RELATIONS DISTRICT COURT; CHESAPEAKE JUVENILE AND
DOMESTIC RELATIONS DISTRICT COURT,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Arenda L. Wright Allen,
District Judge. (2:15-cv—00227-AWA-LRL)

Submitted:

February 23, 2016

Decided:

April 4, 2016

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jermaine Capel, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jermaine

Capel

appeals

the

district

court’s

order

dismissing without prejudice his civil complaint challenging the
calculation of his child support payments.

For the reasons set

forth below, we affirm.
Although

the

district

court

dismissed

the

complaint

pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (2012) for failure to
state a claim on which relief may be granted after Capel failed
to cure the identified deficiencies in his complaint, we find
that no amendment to the complaint in this case would have cured
the

fact

that

jurisdiction.
2006)

(noting

the

district

court

lacked

subject

matter

See Cantor v. Cohen, 442 F.3d 196, 202 (4th Cir.
“the

long

established

precedent

that

federal

courts are courts of limited jurisdiction and generally abstain
from hearing child custody matters”).
Moreover, the record reveals that the Chesapeake Juvenile
and Domestic Relations District Court ordered Capel in December
2014 to pay $4620.18 in arrears to support his son.

Because

Capel appears to be seeking review of this state court order in
federal court, his action is barred under the Rooker-Feldman *
doctrine.

*

D.C. Ct. of Appeals v. Feldman, 460 U.S. 462 (1983);
Rooker v. Fid. Tr. Co., 263 U.S. 413 (1923).

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We

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therefore

affirm

the

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district

court’s

order

on

the

ground that the court lacked jurisdiction to consider Capel’s
claims.
legal
before

We dispense with oral argument because the facts and

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
AFFIRMED

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