Thomas v. Wolfe et al

Filing 4

ORDER dismissing case without prejudice. The Clerk of Court is directed to close this case and terminate any pending motions as moot. Signed by Judge James S. Moody, Jr on 7/8/2013. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

CHRISTOPHER TYRONE THOMAS,
Plaintiff,
v.

Case No. 8:13-cv-1688-T-30EAJ

MARK R. WOLFE, Judge, and
MARINA RUFFOLO TAYLOR, Esq.,
Defendants.
_____________________________________/

ORDER
THIS CAUSE comes before the Court sua sponte. Upon the Court’s review of the
complaint filed in this action, the Court concludes that this action must be dismissed without
prejudice.
Plaintiff Christopher Tyrone Thomas is proceeding in this case pro se. His complaint,
although not a model of clarity, appears to seek damages against Judge Mark R. Wolfe and
attorney Marina Ruffolo Taylor based on a divorce or family law proceeding that Judge
Wolfe presided over in Florida state court. Thomas’ complaint references a final judgment
entered in that state-court proceeding and states that the final judgment contains fraud,
perjury, and clerical mistakes. Thomas alleges that “there is a disagreement with arrears for
child support” and that this issue is still outstanding (Dkt. 1). He also alleges that Judge
Wolfe is personally involved in the case. In essence, Thomas’ complaint is an appeal of the
final judgment entered in the state-court proceeding.

To the extent Thomas is challenging a previous state-court judgment, such a challenge
would be barred by the Rooker-Feldman doctrine. See Rooker v. Fidelity Trust Co., 263 U.S.
413, 44 S.Ct. 149, 68 L.Ed. 362 (1923), and District of Columbia Court of Appeals v.
Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).
Additionally, the complaint does not state the basis for the Court’s jurisdiction. It
appears on the face of the complaint that this Court does not have federal jurisdiction because
Thomas does not allege any claims arising under federal law. Nor does the Court have
diversity jurisdiction under the alleged facts. Accordingly, Thomas’ complaint must be
dismissed for lack of jurisdiction.
It is therefore ORDERED AND ADJUDGED that:
1.

The complaint is dismissed without prejudice.

2.

The Clerk of Court is directed to close this case and terminate any pending
motions as moot.

DONE and ORDERED in Tampa, Florida on July 8, 2013.

Copies furnished to:
Counsel/Parties of Record
S:\Even\2013\13-cv-1688.dismiss.frm

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