Zeune v. Mickley
ORDER adopting Report and Recommendations re 18 Report and Recommendations.. Signed by Judge James L. Graham on 12/1/2017. (ds)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
Rodney D. Zeune,
Case No. 2:15-cv-3064
Beth A. Mickley,
This is an action brought by Rodney D. Zeune against his exwife, Beth A. Mickley, asserting state-law claims. In a report and
recommendation filed on November 15, 2017, the magistrate judge
noted that plaintiff’s claims arise from the decree of divorce
entered on October 23, 2006, in the Common pleas Court of Knox
County, Ohio, Division of Domestic Agreement, and later proceedings
relating to the parties’ separation agreement held in that court in
The magistrate judge concluded that plaintiff’s
claims fall within the domestic-relations exception to federal
jurisdiction, see Marshall v. Marshall, 547 U.S. 293, 299 (2006)
and Ankenbrandt v. Richards, 504 U.S. 689, 704 (1992), and that
plaintiff’s claims disputing the state court judgments were barred
by the Rooker-Feldman doctrine, see Rooker v. Fidelity Trust Co.,
263 U.S. 413, 415-16 (1923) and District of Columbia Court of
Appeals v. Feldman, 460 U.S. 462, 476 (1983). The magistrate judge
recommended that this action be dismissed pursuant to Fed. R. Civ.
P. 12(h)(3) for lack of subject matter jurisdiction.
The report and recommendation specifically advised the parties
that the failure to object to the report and recommendation within
fourteen days “will result in a waiver of the right to have the
district Judge review the Report and Recommendation de novo, and
also operates as a waiver of the right to appeal the decision of
the District Court adopting the Report and Recommendation.”
18, p. 6.
The time period for filing objections to the report and
recommendation has expired, and no objections have been received.
The court agrees with the magistrate judge’s analysis.
court hereby adopts the report and recommendation (Doc. 18).
Pursuant to Rule 12(h)(3), this action is dismissed sua sponte for
lack of subject matter jurisdiction.
Date: December 1, 2017
s/James L. Graham
James L. Graham
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