Walter Lancaster v. California 2nd District Court of Appeal Division Five et al
| Walter Lancaster |
| California 2nd District Court of Appeal Division Five and City of Los Angeles |
| 2:2021cv06799 |
| August 23, 2021 |
| US District Court for the Central District of California |
| Virginia A Phillips |
| Karen L Stevenson |
| Other Fraud |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.
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Filing 10
NOTICE OF DISCREPANCY AND ORDER: by Judge Virginia A. Phillips, ORDERING Proof of Service-Acknowledgement of Service submitted by Petitioner Walter Lancaster received on 9/28/2021 is not to be filed but instead rejected. Denial based on: Case dismissed for lack of subject matter jurisdiction on 09/22/21. (yl)
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| Filing 9 JUDGMENT by Judge Virginia A. Phillips, Related to: Minutes of In Chambers Order/Directive - no proceeding held, #8 . Pursuant to the Court's Order dismissing Plaintiff's Complaint, filed under separate cover, the Court DISMISSES Plaintiff's Complaint without prejudice. The Court orders that such judgment be entered. (MD JS-6, Case Terminated). (mrgo) |
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Filing 8
MINUTE ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE (IN CHAMBERS) by Judge Virginia A. Phillips. On August 27, 2021, the Court issued Plaintiff an Order to Show Cause ("OSC") why this action should not be dismissed for failure to demonstrate the Court's subject matter jurisdiction. The OSC instructed Plaintiff that he must file a response by no later than 4:00 p.m. on September 10, 2021 and his failure to respond would result in the dismissal of this action. As of the date of this Order, Plaintiff has not filed a response to the OSC. Hence, the Court concludes it is without subject matter jurisdiction in this action and Plaintif's claims are barred by the Rooker-Feldman doctrine, discussed at length in the Court's OSC. See Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003); Cooper v. Ramos, 704 F.3d 772, 782 (9th Cir. 2012); see also Kagel v. Raftery, 854 F. Appx 180, 181 (9th Cir. 2021) (affirming district court's dismissal for lack of subject matter jurisdiction under Rooker-Feldman doctrine). Accordingly, the Court DISMISSES the Complaint without prejudice. See Fed. R. Civ. Proc. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). (mrgo)
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Filing 7
MINUTE ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION (IN CHAMBERS) by Judge Virginia A. Phillips: The Court ORDERS Plaintiff to show cause why this action should not be dismissed for lack of subject matter jurisdiction. Plaintiff must file a response in writing no later than 4:00 p.m. on September 10, 2021. Plaintiff's failure to respond will result in dismissal of this action. IT IS SO ORDERED. (See document for further details) (yl)
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Filing 6
STANDING ORDER upon filing of the complaint by Judge Virginia A. Phillips. (cch)
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| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Karen L. Stevenson. (lh) |
| Filing 2 REQUEST for Order U.S. Marshall to Serve, filed by Petitioner Walter Lancaster. (lh) |
| Filing 1 COMPLAINT against Respondents California 2nd District Court of Appeal Division Five, City of Los Angeles. Case assigned to Judge Virginia A. Phillips for all further proceedings. Discovery referred to Magistrate Judge Karen L. Stevenson.(Filing fee $402 PAID) Jury Demanded, filed by Petitioner Walter Lancaster. (Attachments: #1 Part 2 of 3 to Complaint, #2 Part 3 of 3 to Complaint, #3 Civil Cover Sheet) (lh) |
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