Landmark at West Place, LLC v. Hilton

Filing 8

ORDER denying 3 Motion for Leave to Proceed in forma pauperis; adopting 4 Report and Recommendations.. Signed by Judge Roy B. Dalton, Jr. on 4/24/2017. (VMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION LANDMARK AT WEST PLACE, LLC Plaintiff, v. Case No. 6:17-cv-554-Orl-37TBS KEAIRA HILTON, Defendant. _____________________________________ ORDER Pro se litigant Keaira Hilton (“Ms. Hilton”) filed a complaint in this Court on March 29, 2017, seeking to appeal an eviction action initiated in state court (“State Court”) (see Doc. 2 (“State Eviction Complaint”)). (Doc. 1 (“Instant Complaint”).) 1 Along with the Instant Complaint, Ms. Hilton filed a motion for leave to proceed in forma pauperis. (Doc. 3 (“IFP Motion”).) On referral, U.S. Magistrate Judge Thomas B. Smith recommends that the Court: (1) deny the IFP Motion; and (2) dismiss the action for lack of subject matter jurisdiction. (Doc. 4 (“R&R”).) Neither party filed objections, and the time for doing so has now passed. Specifically, Magistrate Judge Smith concluded that: (1) the Complaint fails to properly allege either federal question or diversity jurisdiction; and (2) the Court lacks 1 Although Ms. Hilton copied the case heading from the State Eviction Complaint, she initiated this federal appeal and signed the Complaint; thus, she is the Plaintiff in this action. -1- subject matter jurisdiction under the Rooker-Feldman doctrine 2, which prohibits lower federal courts from reviewing final state court judgments. (Id. at 3–8.) As noted in the R&R, the State Court entered a final judgment against Ms. Hilton on March 23, 2017, six days prior to her initiation of this appeal. (Id. at 8.) In the absence of objections, the Court has examined the R&R for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Marcort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the Court concludes that the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. U.S. Magistrate Judge Thomas B. Smith’s Report and Recommendation (Doc. 4) is ADOPTED, CONFIRMED, and made a part of this Order. 2. The Motion to Proceed in Forma Pauperis (Doc. 3) is DENIED. 3. The Complaint for a Civil Action (Doc. 1) is DISMISSED for lack of subject matter jurisdiction. 4. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on April 24, 2017. The doctrine has its origins in two U.S. Supreme Court cases. Dist. of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923). 2 -2- Copies to: Counsel of Record Pro Se party -3-

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