JEAN-PHILIPPE v. THOMAS

Filing 3

OPINION FILED. Signed by Judge Renee Marie Bumb on 5/3/17. (js)

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ALAN JEAN-PHILIPPE, Plaintiff, v. DENISE THOMAS, Defendant. : : :Civil Action No. 17-2975 (RMB/JS) : : : OPINION : : : : : Plaintiff Alan Jean-Philippe (“Plaintiff”) removed this action from the Superior Court of New Jersey in Burlington County. That state action, brought by Plaintiff, sought from Defendant Denise Thomas an order: 1) waving enforcement of child support; 2) forgiving child support debt; and 3) vacating the child support warrant. Docket No. 1, page 2. This matter shall be dismissed for two reasons. plaintiff may not “remove” his own case. First, a 28 U.S.C. § 1441 (“Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.” (emphasis added)). Second, this Court does not have jurisdiction when a litigant seeks to appeal a state-court order in this Court. Lance v. Dennis, 546 U.S. 459, 463 (2006) (“[U]nder what has come to be known as the Rooker-Feldman doctrine, lower federal courts are precluded from exercising appellate jurisdiction over final state-court judgments.”). Accordingly, the Court will enter an Order dismissing this matter. DATED: May 3, 2017 s/Renée Marie Bumb RENÉE MARIE BUMB United States District Judge 2

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