O'Brian v. Bank of America Home Loans, Inc. et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION 5 IT IS HEREBY ORDERED that: 1. This action is summarily DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction. 2. Plaintiff's motion for leave to proceed in forma pauperis [Docket No. 2 ] is DENIED. Signed by Judge Patrick J. Schiltz on 11/9/09. (sf)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CARSON O'BRIAN, Plaintiff, v. JOHN DOE, MARY ROWE, and BANK OF AMERICA HOME LOANS, INC., Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION Case No. 09-CV-2751 (PJS/AJB) Carson O'Brian, pro se. This matter is before the Court on plaintiff's objection to the Report and Recommendation ("R&R") of Magistrate Judge Arthur J. Boylan. Judge Boylan recommends summarily dismissing this action for lack of subject-matter jurisdiction pursuant to the RookerFeldman doctrine. See Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923); District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983). The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Based on that review, the Court OVERRULES plaintiff's objection [Docket No. 6] and ADOPTS the R&R [Docket No. 5]. IT IS HEREBY ORDERED that: 1. This action is summarily DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction. 2. Plaintiff's motion for leave to proceed in forma pauperis [Docket No. 2] is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: November 9, 2009 s/Patrick J. Schiltz Patrick J. Schiltz United States District Judge -2-

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