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Sullivan v. Town of Derry

United States District Court, D. Montana, Missoula Division

April 14, 2014

BILLY BUDD SULLIVAN, Plaintiff,
v.
TOWN OF DERRY, PUBLIC WORKS DEPT., Defendant.

ORDER

DONALD W. MOLLOY, District Judge.

Plaintiff Billy Budd Sullivan is proceeding pro se and in forma pauperis. Sullivan submitted a document to the Court he titled as "APPEAL, " in which he stated he would like to appeal his "case [...] that is in the New Hampshire Supreme Court[.]" (Doc. 1 at 1.) Magistrate Judge Jeremiah Lynch recommends this action be dismissed for lack of jurisdiction. (Doc. 4.)

Sullivan has not filed objections to Judge Lynch's Findings and Recommendation. The Court reviews the findings and recommendations that are not specifically objected to for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000).

The Court finds no clear error with Judge Lynch's determination that this case is barred by either the Rooker-Feldman doctrine, see Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923); D.C. Ct. of Appeals v. Feldman, 460 U.S. 462 (1983); Carmona v. Carmona, 603 F.3d 1041, 1050 (9th Cir. 2010) (stating that the Rooker-Feldman doctrine "stands for the relatively straightforward principle that federal district courts do not have jurisdiction to hear de facto appeals from state court judgments."), or if the matter before the New Hampshire Supreme Court is still ongoing, the Younger doctrine, Younger v. Harris, 401 U.S. 37, 43-45 (1971).

Accordingly, IT IS ORDERED that the Findings and Recommendation (Doc. 4) are ADOPTED IN FULL.

IT IS FURTHER ORDERED that this action is DISMISSED for lack of jurisdiction.


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