Blatz v. Blatz et al (MAG+)

Filing 16

OPINION. Signed by Honorable Judge Myron H. Thompson on 10/12/12. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
TERRI L. BLATZ, etc.,
Plaintiff,
v.
CHRISTOPHER FRANCEN BLATZ,
et al.,
Defendants.

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CIVIL ACTION NO.
2:11cv1105-MHT
(WO)

OPINION
Plaintiff filed this lawsuit asserting claims arising
out of a divorce proceeding and a custody dispute. This
lawsuit is now before the court on the recommendation of
the United States Magistrate Judge that plaintiff’s case
be dismissed without prejudice.

Also before the court are

plaintiff’s objections to the recommendation.

After an

independent and de novo review of the record, the court
concludes that plaintiff’s objections should be overruled
and the magistrate judge’s recommendation adopted.
To

be

sure,

the

plaintiff’s

complaint

is

most

challenging: it is rambling and often incomprehensible.
Nevertheless, the court agrees with the magistrate judge

that the four requirements for the Rooker-Feldman doctrine
apply, see Sophocleus v. Alabama Dept. of Transp., 605
F. Supp.2d 1209, 1217 (M.D. Ala. 2009) (Thompson, J.) (“In
short, the alpha and omega for the doctrine is that the
case must be ‘[(1)] brought by state-court losers [(2)]
complaining of injuries caused by state-court judgments
[(3)

rendered

before

the

district

court

proceedings

commenced and [(4)] inviting district court review and
rejection of those judgments.’”) (quoting Exxon Mobile
Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284
(2005)).

The court also

believes that res judicata applies here.
F. Supp. 2d at 1218.

Sophocleus, 605

Finally, there are a number of other

barriers to plaintiff’s claims: for example, the defendant
judges and state entities are entitled to immunity, and
the

private

defendants’

alleged

conduct

constitute ‘state action.’
An appropriate judgment will be entered.
DONE, this the 12th day of October, 2012.

/s/ Myron H. Thompson

does

not

UNITED STATES DISTRICT JUDGE