Dominguez v. Dewey

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Magistrate Judge David T. Schultz's August 15, 2018 Report and Recommendation (Doc. No. 7 ) is ADOPTED. This action is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Plaintiff Aracelly Mena Dominguez's application to proceed in forma pauperis (Doc. No. 4 ) is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 10/17/2018. (las)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Aracelly Mena Dominguez,

Civil No. 18-1671 (DWF/DTS)

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Scott T. Dewey,
Defendant.
The above matter comes before the Court upon pro se Plaintiff Aracelly Mena
Dominquez’s self-styled objections (Doc. No. 8) to the Report and Recommendation of
United States Magistrate Judge David T. Schultz dated August 15, 2018 (Doc. No. 7)
insofar as it recommends that this action be dismissed without prejudice for lack of
jurisdiction and that Plaintiff’s application to proceed in forma pauperis be denied.
The factual background for the above-entitled matter is clearly and precisely set
forth in the Report and Recommendation and is incorporated by reference. In the Report
and Recommendation, the Magistrate Judge found that Plaintiff did not adequately plead
the basis for the Court’s jurisdiction. In addition, the Magistrate Judge noted that it
appeared that Plaintiff was attempting to treat this action as an attempted appeal from
state-court litigation and explained that any such appeal is foreclosed by the
Rooker-Feldman doctrine.
The Court has conducted a de novo review of the record, including a review of the
arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b). After carefully considering Plaintiff’s objections, the Court finds no reason

to depart from the Magistrate Judge’s recommendation. Based upon the de novo review
of the record and all of the arguments and submissions of the parties and the Court being
otherwise duly advised, the Court hereby enters the following:
ORDER
1.

Magistrate Judge David T. Schultz’s August 15, 2018 Report and

Recommendation (Doc. No. [7]) is ADOPTED.
2.

This action is DISMISSED WITHOUT PREJUDICE for lack of

jurisdiction.
3.

Plaintiff Aracelly Mena Dominguez’s application to proceed in forma

pauperis (Doc. No. [4]) is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 17, 2018

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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