Bolus v. Cappy

141 F. App'x 63
CourtCourt of Appeals for the Third Circuit
DecidedJuly 19, 2005
Docket04-3835
StatusUnpublished

This text of 141 F. App'x 63 (Bolus v. Cappy) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bolus v. Cappy, 141 F. App'x 63 (3d Cir. 2005).

Opinion

OPINION

COWEN, Circuit Judge.

Robert Bolus appeals the District Court’s order dismissing his complaint against seven justices of the Pennsylvania Supreme Court on the basis that the Court lacked subject matter jurisdiction under the Rooker-Feldman doctrine. Bolus contends that the Rooker-Feldman doctrine is inapplicable because the state court never reached the merits of his claim and the state procedural barriers are contrary to state and federal constitutional protections. We have jurisdiction pursuant to 28 U.S.C. § 1291 because the District Court’s dismissal for lack of subject matter jurisdiction is a final order. We will affirm the judgment of the District Court.

As we write solely for the parties, we only provide a brief recitation of the facts. In 1991, Bolus was convicted of several felonies, including receiving stolen proper *64 ty, tampering with or fabricating evidence, and criminal solicitation. After unsuccessfully appealing his conviction, Bolus served his sentence and was released.

In 2001, Bolus was the Republican nominee for Mayor of Scranton. However, the Pennsylvania Commonwealth Court determined that Bolus was ineligible to hold public office due to his felony convictions and the Pennsylvania Supreme Court affirmed.

After allegedly discovering new evidence which formed the basis for him to challenge his conviction, Bolus filed a petition for a writ of habeas corpus in Pennsylvania Commonwealth Court. The petition was denied on the ground that Bolus was no longer in custody. Bolus unsuccessfully appealed that denial. Bolus petitioned for a writ of habeas corpus in federal court which was denied and we denied his request for a certificate of appealability. After being arrested on new charges, Bolus filed a motion for reconsideration with the Pennsylvania Superior Court which was denied.

The present federal civil rights action was filed in August, 2003, alleging that the justices of the Pennsylvania Supreme Court violated Bolus’ due process rights by denying his habeas petition. Bolus seeks to enjoin the justices from “denying him full and fair access to habeas corpus 'review under Article 1, Section 14 of the Pennsylvania Constitution.” (Compl. at 5.) The District Court dismissed the complaint and this appeal ensued.

We exercise plenary review over an order granting a motion to dismiss for lack of subject matter jurisdiction. See Marran v. Marran, 376 F.3d 143, 149 (3d Cir.2004).

The Rooker-Feldman doctrine provides that “federal district courts lack subject matter jurisdiction to review final adjudications of a state’s highest court or to evaluate constitutional claims that are inextricably intertwined with the state court’s decision in a judicial proceeding.” FOCUS v. Allegheny County Court of Common Pleas, 75 F.3d 834, 840 (3d Cir.1996) (internal quotation marks and citation omitted); see also District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 482, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983) (“[A] United States District Court has no authority to review final judgments of a state court in judicial proceedings.”); Rooker v. Fidelity Trust Co., 263 U.S. 413, 415-16, 44 S.Ct. 149, 68 L.Ed. 362 (1923) (“If the constitutional questions stated in the bill actually arose in the cause, it was the province and duty of the state courts to decide them; and their decision, whether right or wrong, was an exercise of jurisdiction.”).

A claim is inextricably intertwined with the state court decision when “federal relief can only be predicated upon a conviction that the state court was wrong.” Marran, 376 F.3d at 150 (internal quotation marks and citation omitted). In other words, the doctrine precludes federal review when “in order to grant the federal plaintiff the relief sought, the federal court must determine that the state court judgment was erroneously entered or must take action that would render the judgment ineffectual.” FOCUS, 75 F.3d at 840.

To determine whether a claim is inextricably intertwined with a state court adjudication, we must identify the grounds on which the state court’s decision rests. Here, the state court denied Bolus’ petition for a writ of habeas corpus because he was no longer in custody as defined by Pennsylvania law. 42 Pa. Cons.Stat. Ann. § 9543(a) (“To be eligible for relief ... petitioner must plead and prove ... [tjhat the petitioner has been convicted of a *65 crime ... and is at the time relief is granted: (I) currently serving a sentence of imprisonment, probation or parole for the crime.... ”). Bolus argues that the justices violated his due process rights by improperly holding that he was barred under Pennsylvania law from bringing his state habeas petition and seeks injunctive relief preventing the justices from “denying him full and fair access to habeas corpus review.” (Compl. at 5.)

In order for us to grant the injunction, we would have to conclude that the state court made an incorrect factual or legal determination regarding Bolus’ custody and would have to effectively reverse his state decision or void its ruling. See Feldman, 460 U.S. at 486-87, 103 S.Ct. 1303 (“[Tjheir allegation that the [state court] acted arbitrarily and capriciously in denying their petitions ... required the District Court to review a final judicial decision of the [state] court.... These allegations are inextricably intertwined with the [state court’s] decisions.... The District Court, therefore, does not have jurisdiction over these [claims].”) Bolus has not demonstrated how the relief he seeks in federal court will leave his state court adjudication intact. When, as here, “the federal court must determine that the state court judgment was erroneously entered, or must take action that would render the state court judgment ineffectual,” Rooker-Feldman serves as a complete bar to federal jurisdiction. Marran, 376 F.3d at 150 (quoting FOCUS, 75 F.3d at 840). We agree with the District Court’s conclusion:

The only way that I could determine if Plaintiff’s due process rights were violated is by making a determination that the state court’s holding pursuant to title 42, section 9543 of the Pennsylvania Consolidated Statutes was improper. In particular, Plaintiff is asking the Court to interpret Pennsylvania’s rules of procedure, determine that the state court’s decision was wrong, and enjoin the state supreme court from ruling on state law. This is exactly the type of determination that the Rooker-Feldman doctrine prohibits.

(App. at 9-10.)

Bolus failed to demonstrate how any of his federal claims regarding his state court proceedings and appeals are entitled to federal district court review.

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Related

Rooker v. Fidelity Trust Co.
263 U.S. 413 (Supreme Court, 1924)
District of Columbia Court of Appeals v. Feldman
460 U.S. 462 (Supreme Court, 1983)
Blake v. Papadakos
953 F.2d 68 (Third Circuit, 1992)
Focus v. Allegheny County Court Of Common Pleas
75 F.3d 834 (Third Circuit, 1996)
Whiteford v. Reed
155 F.3d 671 (Third Circuit, 1998)

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141 F. App'x 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bolus-v-cappy-ca3-2005.