Jermaine Capel v. Commonwealth of Virginia


UNPUBLISHED PER CURIAM OPINION filed.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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Appeal: 15-2039 Doc: 7 Filed: 04/04/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2039 JERMAINE CAPEL, Plaintiff – Appellant, v. COMMONWEALTH OF VIRGINIA DEPARTMENT OF SOCIAL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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 15-2039 Doc: 7 Filed: 04/04/2016 Pg: 2 of 3 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). 2 Appeal: 15-2039 Doc: 7 We Filed: 04/04/2016 therefore affirm the Pg: 3 of 3 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 3

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