Novel, et al., v. State of New York et al

Filing 5

OPINION AND ORDER denying 3 motion for temporary restraining order. Plaintiff is further ORDERED to show cause why this case is not subject to dismissal on sovereign immunity grounds. Within 20 days of receipt of this order, plaintiff shall file a show-cause memorandum not exceeding 20 pages. Signed by Judge James L Graham on 7/17/13. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Sur Novel,
Case No. 2:13-cv-698
Plaintiff,
v.

Judge Graham

State of New York, Supreme Court, et al.,

Magistrate Judge Abel

Defendants.
OPINION AND ORDER
This matter is before the Court on plaintiff Sur Novel’s motion for temporary restraining
order and preliminary injunction. Plaintiff seeks an order prohibiting the defendant State of New
York Supreme Court, Appellate Division, Third Judicial Department from suspending his law
license. This Court may not stay or otherwise grant plaintiff relief from an order of a New York
Court. “The Rooker-Feldman doctrine bars lower federal courts from conducting appellate review
of final state-court judgments because 28 U.S.C. § 1257 vests sole jurisdiction to review such claims
in the Supreme Court.” Berry v. Schmitt, 688 F.3d 290, 289 (6th Cir. 2012) (citing Exxon Mobil
Corp. v. Saudi Basic Indus. Corp, 544 U.S. 280, 291 (2005)). Plaintiff’s motion (doc. 3) is DENIED.
Plaintiff is further ORDERED to show cause why this case is not subject to dismissal on
sovereign immunity grounds. Within 20 days of receipt of this order, plaintiff shall file a show-cause
memorandum not exceeding 20 pages.
IT IS SO ORDERED.

S/ James L Graham
James L. Graham
UNITED STATES DISTRICT JUDGE
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Date: July 17, 2013

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