Burris v. Ramey

Filing 14

ORDER denying 13 Motion for Reconsideration. Signed by Judge David R. Herndon on 2/2/2018. (csd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
VERNELL BURRIS,
Plaintiff,
v.

Case No. 18-cv-094-DRH-SCW

DAN RAMEY,
Defendant.

MEMORANDUM AND ORDER
HERNDON, District Judge:
Before the Court is Plaintiff’s Motion for Reconsideration (Doc. 13). In this
action, Plaintiff, who is proceeding pro se, alleges the judgment handed down by
this court did not provide the Plaintiff with the required opportunity to appear
before the court nor did this court recognize his protected status as a veteran. He
now appeals to this Court after this court denied his motion to proceed in forma
pauperis and dismissed the case for lack of jurisdiction.
This case was originally dismissed for lack of jurisdiction since the Plaintiff
followed improper procedure by appealing a decision from the Madison County
Court to a Federal District Court. The Supreme Court has previously held that
only the state’s appellate courts or the U.S. Supreme Court have the power to
Page 1 of 2

modify or reverse a state court judgment as lower courts have strictly original
jurisdiction. See Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923). This was
further reaffirmed when the Supreme Court stated a U.S. District Court has no
authority to review final judgments of a state court in judicial proceedings. See
District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983).
Here, Plaintiff has brought no new claims or evidence compared to his
original complaint and as such has provided this court with no grounds for
jurisdiction. Plaintiff argues that FRCP Rule 78 provides that the court must
provide a time and place for an oral hearing on motion. However, Plaintiff
conveniently ignores the word “may” contained within subsection (a) that provides
the court the option of holding oral arguments. He also completely ignores
subsection (b), which states the court may determine motions on briefs without
oral hearings.
If Plaintiff wishes to continue this litigation, the correct venue is the Illinois
court of appeals which embraces Madison County. Therefore, the Motion for
Reconsideration is DENIED.
IT IS SO ORDERED.

Judge Herndon
2018.02.02
13:08:30 -06'00'
UNITED STATES DISTRICT JUDGE
Page 2 of 2