Canty v. LaRhette

• Court: District Court, D. New Hampshire
• Decided: March 3, 1998
• Docket: CV-97-262-M
• Status: Published

Opinion

Canty v. LaRhette CV-97-262-M 03/03/98 UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

John Canty

v. Civil No. 97-262-M

Janis M. LaRhette, et al.

O R D E R

Plaintiff John Canty filed a civil rights action, pursuant

to 42 U.S.C.A. § 1983, alleging violation of his federal

constitutional rights in a state court eviction proceeding.

Plaintiff argues that New Hampshire's statutory summary eviction

process and its appellate procedures are unconstitutional.

Defendants have moved to dismiss plaintiff's claims.

The Magistrate Judge issued a report and recommendation in

which he concluded that plaintiff's civil rights claims brought

pursuant to 42 U.S.C.A. § 1983 should be dismissed. Although

plaintiff reguested and was granted an extension of time to

object to the report and recommendation, he has not filed a

response within the additional time allowed. After reviewing the

pleadings, the record, and the Magistrate Judge's report and

recommendation, dismissal of plaintiff's suit is approved on the

recommended grounds that this court lacks subject matter

jurisdiction under the Rooker-Feldman doctrine. For that reason,

the court does not consider the alternative bases for dismissal

that are discussed in the report and recommendation and raised in

defendants' motions to dismiss. Accordingly, for the reasons set forth in section three of

the report and recommendation dated February 2, 1998, defendants'

motions to dismiss (document nos. 12 and 29) are granted. The

clerk of court is instructed to enter judgment in favor of the

defendants on all claims, and close the case.

SO ORDERED.

Steven J. McAuliffe United States District Judge

March 3, 1998

cc: John Canty Daniel J. Mullen, Esg. James B. Kazan, Esg.