Opinion

Jing Chun Wu v. LeVine

  • 314 F. App'x 376
Court
Court of Appeals for the Second Circuit
Filed
Mar 11, 2009
Status
Published
On the bench
Hon, Katzmann, Parker, Sotomayor
Cited by
1 cases
Authority
More cited than 50.8%

holding that request to stay foreclosure sale “in effect request[ed] that the district court overturn the state court’s judgment of foreclosure.”

How later courts described this case

  • holding that request to stay foreclosure sale “in effect request[ed] that the district court overturn the state court’s judgment of foreclosure.”

Written by the judges who cited it.

The opinion

*377

SUMMARY ORDER

Plaintiff-appellant Jing Chun Wu, pro se, appeals from the judgment of the United States District Court for the Eastern District of New York (Gershon, J.), dismissing Wu’s complaint for lack of subject matter jurisdiction. We assume the parties’ familiarity with the facts and procedural history.

We affirm for substantially the reasons stated by the district court. Wu seeks injunctive relief to stay the foreclosure order on her property, in effect requesting that the district court overturn the state court’s judgment of foreclosure. Contrary to Wu’s arguments, her claims were barred under the doctrine outlined in Dist. of Columbia Court of Appeals v. Feldman, 460 U.S. 462 , 482-84 n. 16, 103 S.Ct. 1303 , 75 L.Ed.2d 206 (1983), and Rooker v. Fidelity Trust Co., 263 U.S. 413, 415-16 , 44 S.Ct. 149 , 68 L.Ed. 362 (1923). The district court was without subject matter jurisdiction over Appellant’s complaint, because it sought review of the state court’s judgment in district court. See McKithen v. Brown, 481 F.3d 89, 97 (2d Cir.2007). To the extent that Wu sought damages, all of the claims against Appellees pertained to the decisions they made in their judicial capacities, for which Appellees were absolutely immune. Nixon v. Fitzgerald, 457 U.S. 731, 766 , 102 S.Ct. 2690 , 73 L.Ed.2d 349 (1982).

For the reasons stated above, the judgment of the district court is AFFIRMED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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