George May v. Alexia J. Capote

149 F. App'x 913
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 12, 2005
Docket05-11941
StatusUnpublished
Cited by1 cases

This text of 149 F. App'x 913 (George May v. Alexia J. Capote) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
George May v. Alexia J. Capote, 149 F. App'x 913 (11th Cir. 2005).

Opinion

PER CURIAM.

George May, proceeding pro se, appeals the district court’s order dismissing his 42 U.S.C. §§ 1983 and 1985 action. Because the issues raised and relief sought before the district court were inextricably intertwined with a previous state court judgment, the district court did not err in dismissing May’s complaint for lack of subject-matter jurisdiction. Accordingly, we AFFIRM.

I. BACKGROUND

May filed a pro se civil action against Alexia Capote, an Assistant Attorney General for the state of Florida, and the South Florida Water Management District (“SFWMD”), a Florida state agency, alleging several violations of the United States Constitution. R1-1 at 4. May asserted that the defendants (1) condemned his property and refused to pay him just compensation of $171,666,000, (2) threatened him with death and contempt of court in order to prevent him from accessing the courts and presenting his evidence of just compensation, and (3) on the 11th, 19th, and 24th of August 2004, “ratified their signed written corroborated letter confessions”.of their deprivation of May’s constitutional and civil rights. Id. at 3-5. May requested that the district court enter judgment against the defendants for $171,666,000, declare the state court orders of 11 August 2004, 19 August 2004, and 24 August 2004 unconstitutional, and enjoin the defendants from enforcing any order depriving May of his constitutional and civil rights. Id. at 5. In addition to his complaint, May filed attachments of various state court orders and his state court appellate brief. See generally R1-1, exh. A.

In response, defendant Capote filed a motion to dismiss May’s complaint and for sanctions. R1-4. Capote alleged that (1) May was enjoined from filing suit because he failed to post the required $1500.00 bond pursuant to a 30 August 2000 order of the district court, 1 (2) May failed to state a cause of action, (3) Capote was entitled to sovereign and qualified immunity, and (4) May should be sanctioned for filing a frivolous, duplicative action. Id. at 1, 4. Defendant SFWMD similarly filed a motion to dismiss May’s complaint and for sanctions, asserting allegations similar to those stated in Capote’s motion. R1-5. In *915 addition to its motion, SFWMD attached the jury verdict from the underlying state proceedings, showing a jury valued May’s property at $32,700. Id., exh. B. May responded by filing motions and supporting memoranda for default judgment against defendants. R1-6, 8. May repeated his allegations from his complaint and added that defendants filed “false, fraudulent, forged, court papers with the honorable court herein.” R1-6 at 4; see generally R1-8.

The district court dismissed with prejudice May’s complaint for lack of subject-matter jurisdiction. R1-10. The court determined that, in his complaint, May requested the district court find that the state court wrongly decided his condemnation case and that three other state court judgments were void and violative of his constitutional rights. Id. at 4. The district court found, however, that, under the Rooker-Feldman doctrine, Rooker v. Fid. Trust Co., 263 U.S. 413, 415-16, 44 S.Ct. 149, 150, 68 L.Ed. 362 (1923); District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 476-82, 103 S.Ct. 1303, 1311-15, 75 L.Ed.2d 206 (1983), it did not have subject-matter jurisdiction because May’s constitutional challenges to the result of his state condemnation case and the three adverse state court rulings were inextricably intertwined with prior state court judgments. Therefore, the district court dismissed May’s complaint and denied as moot defendant’s motions to dismiss for failure to state a claim and immunity challenges. Id. at 5.

II. DISCUSSION

On appeal, May argues that defendants have admitted all of his claims through their failure to deny their unlawful acts and deprivations of May’s constitutional and civil rights and their “signed written, corroborated, letter confession dated January 24, 2005, and January 31, 2005.” Appellant’s Brief at 2. Further, May contends that the Rooker-Feldman doctrine is not a bar to his claims because his allegations that the defendants (1) prevented him from accessing the state courts and presenting his evidence of just compensation to a jury, (2) filed fraudulent documents, and (3) threatened May with death, are assertions of new legal wrongs and illegal acts. Therefore, May maintains that the defendants have violated and deprived him of his “protected Constitutional Rights protected under Article I, Section 9, Clause I, Article I, Section 10, Clause I, Article VI, the First, ..., Fourth, Fifth, Ninth, Seventh, Thirteenth, Fourteenth [ ] Amendment, the Due Process[] Clause, the Equal Protection Clause.” Id. at 11.

We have held, in Cadet v. Bulger, 377 F.3d 1173, 1179 (11th Cir.2004), that “[f]ederal courts are obligated to inquire into subject-matter jurisdiction sua sponte whenever it may be lacking.” (Citation and punctuation omitted). Questions of subject-matter jurisdiction are reviewed de novo. Goodman ex rel. Goodman v. Sipos, 259 F.3d 1327, 1331 (11th Cir.2001). In Goodman, we explained that

[t]he Rooker-Feldman doctrine provides that federal courts, other than the United States Supreme Court, have no authority to review the final judgments of state courts. The doctrine extends not only to constitutional claims presented or adjudicated by a state court, but also to claims that are “inextricably intertwined” with a state court judgment. A federal claim is “inextricably intertwined” with a state court judgment if the federal claim succeeds only to the extent that the state court wrongly decided the issues before it. However, even if a claim is “inextricably intertwined” with the state court judgment, the doctrine does not apply if the plain *916 tiff had no reasonable opportunity to raise his federal claim in state proceedings.

Goodman, 259 F.3d at 1332 (citation and quotation omitted).

In order for Rooker-Feldman to bar a district court’s jurisdiction, four criteria must be met. Amos v. Glynn County Bd. of Tax Assessors, 347 F.3d 1249, 1265 n. 11 (11th Cir.2003). The four criteria are:

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Bluebook (online)
149 F. App'x 913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-may-v-alexia-j-capote-ca11-2005.