Pasholikova v. The Simon Companies et al

Filing 19

Judge Nathaniel M. Gorton: ORDER entered. This action is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. [Copy of Order mailed to plaintiff on 6/26/2018.](PSSA, 3) Modified on 6/26/2018 (PSSA, 3).

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
LIDIYA PASHOLIKOVA,
Plaintiff,
v.
THE SIMON COMPANIES, et al.,
Defendant.

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Civil Action No.
17-10632-NMG

ORDER
GORTON, J.
In this action, pro se litigant Lidiya Pasholikova claims
that she was unlawfully evicted from public housing in Lynn,
Massachusetts.

For the reasons stated below, the Court will

order that this action be dismissed for lack of jurisdiction.
In a memorandum and order dated August 16, 2017 (Dkt. No.
6), the Court granted Pasholikova’s motion for leave to proceed
in forma pauperis and directed her to file an amended complaint.
The Court explained that Pasholikova’s complaint did not meet the
pleading requirements of Rule 8(a)(2) of the Federal Rules of
Civil Procedure.

The Court also stated that, under the Rooker-

Feldman doctrine, the Court is without jurisdiction to adjudicate
any claim seeking rejection and reversal of the state housing
court decision permitting her eviction.
Pasholikova’s amended complaint (Dkt. No. 18) provides a
clearer picture of the factual basis of her claim that she was
illegally evicted.

However, she does not address the

jurisdictional impediment to maintaining this action in federal
court.

In a 2015 summary process proceeding against Pasholikova,

the Commonwealth’s Northeast Housing Court awarded judgment in
favor of the Simon Companies, the management firm for the
building in which Pasholikova lived.

See Simon Cos. v.

Pasholikova, 15H77SP0003001 (N.E. Hous. Ct. Mass.).

In now

claiming that the her eviction was illegal, Pasholikova is asking
this Court to review and reject the decision of that state court.
As the Court has already explained, under the Rooker-Feldman
doctrine, it is without jurisdiction to do so.

See, e.g., Allen

v. IRMCO Mgmt. Co., 420 Fed. Appx 597 (7th Cir. 2011) (RookerFeldman barred lawsuit for discriminatory eviction, even where
tenant had not raised allegations of unlawful discrimination in
state court eviction proceeding).
Accordingly, this action is DISMISSED WITHOUT PREJUDICE for
lack of jurisdiction.
So ordered.
/s/ Nathaniel M. Gorton
Nathaniel M. Gorton
United States District Judge
Dated: June 25, 2018

1

The docket of this action is publically available by visiting
the web site https://www.masscourts.org/eservices (last visited
June 4, 2018).
2