Fenton v. Woodland Village Townhouses, Inc. et al
Plaintiff: Anthony Fenton
Defendant: State of Connecticut, Steve Brown, Woodland Village Townhouses, Inc., Dannel P. Malloy and Michael H. Clinton
Case Number: 3:2019cv01020
Filed: June 27, 2019
Court: US District Court for the District of Connecticut
Presiding Judge: Vanessa L Bryant
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2019 Opinion or Order Filing 7 ORDER DISMISSING CASE and denying #2 Motion for Leave to Proceed in forma pauperis. Federal courts have limited subject matter jurisdiction, 28 U.S.C. 1331, and courts "have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party." Arbaugh v. Y & H Corp., 546 U.S. 500, 514 (2006). "Where jurisdiction is lacking... dismissal is mandatory." Manway Constr. Co. Inc. v. Hous. Auth. of City of Hartford, 711 F.2d 501, 503(2d Cir. 1983); see also Fed. R. Civ. P. 12(h)(3). Plaintiff's claims for "constitutional tort," "breach of trust," and violations of due process arise out of a Connecticut state court proceeding and order and execution of eviction. See Dkt. #1 . As such, this action falls under the Rooker-Feldman doctrine. Under the doctrine, federal courts lack jurisdiction over "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments." Hoblock v. Albany Cnty. Bd. of Elections, 422 F.3d 77, 85 (2d Cir. 2005). Plaintiff's challenge to the constitutionality of the state court eviction proceedings are also barred by Rooker-Feldman. See Jordan v. Levine, No. 12 CV 3527 (RRM)(JO), 2012 WL 2921024, at *3 (E.D.N.Y. Jul. 17, 2012) (dismissing pro se plaintiff's challenge to constitutionality of state court eviction proceedings due to lack of subject matter jurisdiction); Garvin v. Bank of New York, No. 05-CV-2760 (NGG), 2005 WL 1377953, at *2 (E.D.N.Y. June 9, 2005), aff'd, 227 F. App'x 7 (2d Cir. 2007) (plaintiff's allegation of violation of her constitutional rights did not change fact that the district court lacked jurisdiction under Rooker-Feldman); McAllan v. Malatzky, No. 97-CV-8291 (JGK), 1998 WL 24369, at *2-3 (S.D.N.Y. Jan. 22, 1998) (no subject matter jurisdiction where plaintiff attempted to recloak his charges regarding state housing matter as a violation of his constitutional rights); aff'd, 173 F.3d 845 (2d Cir. 1999). Ordinarily the Court would allow Plaintiff an opportunity to amend his pleading, Cruz v. Gomez, 202 F.3d 593 (2d Cir. 2000), but it need not do so in this case because it is clear from the face of the complaint that the Court lacks subject matter jurisdiction, see Branum v. Clark, 927 F.2d 698, 705 (2d Cir. 1991). Because the Court lacks jurisdiction, it may not consider Plaintiff's request for preliminary injunction included in the complaint. The Clerk is directed to close the case. Signed by Judge Vanessa L. Bryant on 7/1/2019. (Bryan, Kelsey)
June 27, 2019 Opinion or Order Filing 6 ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 6/27/2019. (Velez, F.)
June 27, 2019 Opinion or Order Filing 5 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 6/27/2019. (Velez, F.)
June 27, 2019 Opinion or Order Filing 4 STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 6/27/2019. (Velez, F.)
June 27, 2019 Opinion or Order Filing 3 Order on Pretrial Deadlines: Amended Pleadings due by 8/26/2019; Discovery due by 12/27/2019; Dispositive Motions due by 1/31/2020. Signed by Clerk on 6/27/2019. (Velez, F.)
June 27, 2019 Filing 2 MOTION for Leave to Proceed in Forma Pauperis, by Anthony Fenton. (Velez, F.)
June 27, 2019 Filing 1 Judicial Notice of Adjudicative Facts and Memorandum on Pro Se, filed by Anthony Fenton. (Attachments: #1 Affidavit of Constitutional Tort Claim, #2 Exhibit A, #3 Exhibit B-C). (Velez, F.)

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Defendant: State of Connecticut
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Defendant: Steve Brown
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Defendant: Woodland Village Townhouses, Inc.
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Defendant: Dannel P. Malloy
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Defendant: Michael H. Clinton
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Plaintiff: Anthony Fenton
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