Wheat v. Jackson
ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 8 in that this case is REMANDED to the Franklin County Court of Common Pleas. Signed by Judge George C. Smith on 4/12/18. (sem)(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
Case No.: 2:17-cv-1100
JUDGE GEORGE C. SMITH
Magistrate Judge Vascura
On March 1, 2018, the United States Magistrate Judge issued a Report and
Recommendation recommending that this matter be remanded back to the Franklin County Court
of Common Pleas due to lack of subject matter jurisdiction. (Doc. 8). The parties were advised
of their right to object to the Report and Recommendation. This matter is now before the Court
on Defendant’s Objections to the Report and Recommendation. (See Doc. 9). Because
Defendant filed objections, the Court reviews de novo those portions to which an objection has
been made. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). De novo review in these
circumstances requires at least a review of the evidence before the magistrate judge; the Court
may not act solely on the basis of a magistrate judge’s report and recommendation. Hill v.
Duriron Co., 656 F.2d 1208, 1215 (6th Cir. 1981).
Defendant objects to the Magistrate Judge’s recommendation of remand, arguing that this
matter is properly in federal court based on diversity of the parties because he is not a United
States citizen. He also continues to argue the same arguments considered by the Magistrate
Judge in her Report and Recommendation, that the state court should have applied federal law,
including the Social Security Act, and that the state court decision was incorrect.
The Court has considered Defendant’s objections and agrees with the well-reasoned
decision of the Magistrate Judge that the Rooker-Feldman doctrine precludes federal court
jurisdiction over this case. Accordingly, the Magistrate Judge has not erred in the decision
recommending remanding this case back to state court.
For the reasons stated above, the Magistrate Judge’s Report and Recommendation is
hereby ADOPTED AND AFFIRMED. This case is hereby remanded to the Franklin County
Court of Common Pleas.
The Clerk shall remove Documents 6, 8, and 9 from the Court’s pending motions list and
remand this case.
IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?