Creamer v. 17th Judicial Judges, et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 1 Complaint filed by Marjorie A. Creamer. Objections to R&R due by 6/3/2014. Plaintiff's complaint shall hereby be dismissed for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction. Signed by District Judge Richard D. Rogers on 6/4/14. (meh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MARJORIE A. CREAMER

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Plaintiff,
v.
17TH JUDICIAL JUDGES;
PRESTON PRATT;
MIKE KIRCHHOFF
Defendant.

Case No.14-4027-RDR

ORDER
Plaintiff, proceeding pro se, filed her complaint on April
16, 2014, seeking to proceed in forma pauperis.

On May 5, 2014,

Magistrate Judge Sebelius concluded that plaintiff’s financial
situation warranted a waiver of the filing fee.
directed

the

U.

S.

Marshals

Service

to

He, however,

withhold

service

of

process because questions remained concerning whether plaintiff
had

stated

a

claim

court

upon

had

which

subject

relief
matter

could

be

granted

jurisdiction

over

and

whether

the

this

action.

Judge Sebelius directed plaintiff to show cause to this

court on or before May 21, 2014 why this action should not be
dismissed for the aforementioned reasons.

Plaintiff sought and

received an extension to June 3, 2014 to file her response.
This

time

period

has

since

nothing from the plaintiff.

passed

and

the

court

has

heard

In her complaint, plaintiff raises various complaints about
actions taken by two state court judges in previous state court
proceedings involving her.

Although the nature of the claims is

not clear, plaintiff apparently contends that her civil rights
were violated when the decisions of these judges caused her to
lose her home and some horses she owned.
Judge

Sebelius

initially

determined

that

plaintiff’s

complaint failed to allege facts sufficient to support any of
her claims.

He also found that the

Rooker-Feldman

doctrine

would dictate that the court lacks subject matter jurisdiction
in this case.
The court agrees with the decisions made by Judge Sebelius.
The court further finds that plaintiff has failed to show cause
why this action should not be dismissed for the aforementioned
reasons.

Accordingly, the court shall dismiss this action for

failure to state a claim upon which relief can be granted and
lack of subject matter jurisdiction.
IT IS THEREFORE ORDERED that the report and recommendation
of Magistrate Judge Sebelius be hereby approved and adopted.
IT

IS

FURTHER

ORDERED

that

plaintiff’s

complaint

shall

hereby be dismissed for failure to state a claim upon which
relief

can

be

granted

and

for

jurisdiction.

2 

lack

of

subject

matter

IT IS SO ORDERED.
Dated this 4th day of June 2014, at Topeka, Kansas.

s/ RICHARD D. ROGERS
Richard D. Rogers
United States District Judge

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