MCKINNIE v. SUPERIOR COURT OF NJ HUDSON COUNTY CHANCERY DIV. FAMILY PART. et al

Filing 14

MEMORANDUM OPINION - ORDER REOPENING CASE; the Clerk shall re-open the case so that the Court may address Plaintiff's Amended Complaint; Plaintiff's Amended Complaint is DISSMISSED without prejudice; the Plaintiff may submit a Second Amende d Complaint that cures the deficiencies discussed above within thirty (30) days of the date of the entry of this order; If Plaintiff fails to amend his Amended Complaint within the time specified above the Complaint will be dismissed with prejudice and the matter will be closed. Signed by Judge Claire C. Cecchi on 2/5/2015. (anr)

CLOSED

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
DERECK MCKJNNIE,

Civil Action No.: 14-1092 (CCC)

Plaintiff,
MEMORANDUM OPINION
AND ORDER

v.
SUPERIOR COURT OF NEW JERSEY
HUDSON COUNTY CHANCERY DIV.
FAMILY PART, et at.,

Defendants.
THIS MATTER having come before the Court by way of the Amended Complaint filed
by Plaintiff Dereck McKinnie (“Plaintiff’) on December 19, 2014 (ECF No. 13); and
WHEREAS Plaintiff initially filed a Complaint in this matter on February 18, 2014 (ECF
No. 1); and
WHEREAS on October 7, 2014, this Court entered an order which (1) granted Plaintiff’s
in forma pauperis application and (2) dismissed the complaint pursuant to 28 U.S.C.

§

191 5(e)(2)(B) for failure to state a claim upon which relief may be granted, without prejudice, as

the Complaint failed to include a short and plain statement of Plaintiffs claim, the basis for this
Court’s jurisdiction and the relief sought, and (3) granted Plaintiff permission to reopen his case
within thi.rty (30) days of the entry of that order by filing an amended complaint (E.CF No, 8); and
WHEREAS on October 9, 2014, Plaintiff filed a letter labeled “Amend Discovery An
Evidence,” which enclosed various documents but did not state anything independent of the
documents enclosed (ECF No. 10); and

WHEREAS it appeared to the Court that Plaintiff may have intended to amend his

Complaint with his October 9, 2014 letter; and
WHEREAS the Court therefore granted Plaintiff an additional opportunity to file an
amended complaint that would include a short and plain statement of the Plaintiff’s claim, the
grounds for the Court’s jurisdiction and the relief that Plaintiff seeks; and
WHEREAS Plaintiff filed an Amended Complaint on December 19, 2014, in which

Plaintiff included the following as a statement of his claim:
Superior Court of NJ. Hudson County Chancery Div., Family Pts., Probation Div. Child
Support Enforcement Violated the use of Child Support guideline Appendix 1X-B Type of
income TX-A Government Benefits paid. to children
Then gave Social Security Administration, illegal court order in which Social Security
Enforce. They refuse to pay Dereck McKinnie back his money an Attorney Michael
Ckazar misrepresented Dereck McKinnie.
Dereck McKinnie became disable in August 1985 broken Tibia and fibula same leg broke
again in 1987. Dereck McKinnie had Heart (Stint Surgery) in 2002. 2003 (triple By-Pass
open heart surgery), and 2014 (3 additional surgeries in July and August); and
WHEREAS Plaintiff further indicated under “Demand & Relief Sought” that he is suing

for compensatory and punitive damages, for a total of “886 Million and 1 Thousand Dollars” and
listed various causes of action including violations of the Equal Protection and Due Process clauses
of the Fourteenth Amendment, a cause of action under 42 U.S.C.

§ 1983, “Disability

Discrimination,” “Breach of trust,” “Misrepresentation,” and “Negligence”; and
WHEREAS it appears to the Court that Plaintiff seeks review of a child support order
entered in ew Jersey state court proceedings, and that this Court therefore lacks jurisdiction over
the action pursuant to the Rooker-Feldman doctrine,

cMiistçv.AlleghenyCnty.Fami1y

Div., 128 F. App’x 901, 902 (3d Cir, 2005) (affirming dismissal of complaint that “although

couched as an action against the named defendants for damages

.

.

.

plainly seeks to void or

overturn adverse rulings entered in the child-custody litigation by the Allegheny County Court of
Common Pleas.” because “[t]he Rooker-Feidman doctrine ‘prohibits District Courts from
adjudicating actions in which the relief requested requires determining whether the state court’s
decision is wrong or voiding the state court’s ruling.”) (citing Desi’s Pizza, Inc. v. City of Wilkes
Barre, 321 F.3d 411, 419 (3d Cir. 2003)); see also Zirkind v. New York, No. 07-5602, 2008 WL
199473, at *1 (D.N.J. Jan. 18, 2008) (dismissing amended complaint afier 28 U.S.C.

§

191 5(e)(2)(B) screening based on Rooker-Feidman doctrine where “although couched as an action
for damages, the Amended Complaint plainly seeks to void or overturn adverse rulings entered in
the child support litigation by the New York Family Court”); and
WHEREAS, to the extent Plaintiff has any remaining claims that do not involve asking

this Court to void or overturn adverse rulings entered in state court, the Plaintiff has not stated a
short and plain statement of those claims pursuant to Federal Rule of Civil Procedure 8(a); and
WHEREAS the Court will grant Plaintiff one final opportunity to file an amended

complaint that includes a short and plain statement of any of Plaintiff’s remaining claims that are
not barred by the Rooker-Feidman doctrine, the grounds for the Court’s jurisdiction over those
claims and the relief that Plaintiff seeks;
IT IS. on this

davof

ftiv\

,2015,

ORDERED that the Clerk shall re-open the case so that the Court may address Plaintiffs

Amended Complaint: and it is further
ORDERED that Plaintiffs Amended Complaint is DISMISSED without prejudice: and

it is fttrther
ORDERED that Plaintiff may submit a Second Amended Complaint that cures the

deficienues discussed abo e within thirty (30) da’ s of the datc of cntry of this Order, and

it

is

further
ORDERED that if Plaintiff fails to amend his Amended Complaint within the time

specitied above, the Complaint will be dismissed with prejudice and the matter will be closed.
SO ORDERED.
...

CLAIRE C. CECCHI, U.S.D.J.