Galt Ventures, Inc. v. Nolan
MEMORANDUM AND ORDER adopting 6 Report and Recommendations. The court adopts the R&R and dismisses this action for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(h)(3). The defendant's claims, along with this case, is dismissed without prejudice. Signed by District Judge J. Thomas Marten on 11/21/2017. (mam)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
GALT VENTURES, INC. d/b/a
SPEEDY CASH #60,
Case No. 17-1206-JTM-KGG
a.k.a. MARQUES NOLAN,
MEMORANDUM AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORT
This matter comes before the court on the Magistrate Judge’s Report and
Recommendation (“R&R”), filed October 12, 2017 (Dkt. 6), recommending that the court
dismiss defendant’s claims for lack of subject matter jurisdiction pursuant to 28 U.S.C. §
636(b)(1)(B) and Federal Rule of Civil Procedure 12(h)(3). The Magistrate Judge notified
defendant of his ability to file objections by October 26, 2017. On November 3, 2017,
defendant filed a document titled Affidavit Summary Judgment (Dkt. 8).
Having reviewed the R&R and defendant’s affidavit, the court finds that the
Magistrate Judge fully and accurately considered defendant’s claims and governing
legal authority. The court agrees that the Rooker-Feldman doctrine deprives the court of
jurisdiction to overturn the state court’s judgment. See D.C. Cir. v. Feldman, 460 U.S. 462,
476 (1983); Rooker v. Fid. Trust Co., 263 U.S. 413, 415–16 (1923). The Rooker-Feldman
doctrine bars “a party losing in state court . . . from seeking what in substance would be
appellate review of the state judgment in a United States [trial] court.” Johnson v. De
Grandy, 512 U.S. 997, 1005–06 (1994). The court adopts the R&R and dismisses this
action for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(h)(3).
IT IS THEREFORE ORDERED this 21st day of November, 2017, that defendant’s
claims, along with this case, is dismissed without prejudice.
s/ J. Thomas Marten
J. Thomas Marten, Judge
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