Grubbs v. The State of Illinois
| Matthew Grubbs |
| The State of Illinois |
| 1:2025cv01281 |
| July 11, 2025 |
| U.S. District Court for the Central District of Illinois |
| Ronald L Hanna |
| Michael M Mihm |
| Civil Rights: Other |
| 28 U.S.C. ยง 1446 Notice of Removal |
| None |
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TEXT ORDER entered by Judge Michael M. Mihm on 7/23/25. On 07/11/2025, Petitioner filed a document titled #1 "Notice of Removal," which appears to be an attempt to remove to federal court a closed divorce case from McLean County Circuit Court, Case No. 2015-D-0000592, and a #2 Motion for Leave to Proceed in forma pauperis ("IFP"). On 07/17/2025 Petitioner paid the $405.00 filing fee and filed as a #3 Moton to Set Aside Application to Proceed without Prepayment of Fees, and #4 Amended Notice of Removal. Because the filing fee has been paid, Petitioner's #2 and #3 Motions are MOOT. Turning next to Petitioner's #1 Notice of Removal and #4 Motion to Amend Notice of Removal, both fail to establish this Courts jurisdiction. See Hay v. Ind. State Bd. of Tax Comm'rs, 312 F.3d 876, 879 (7th Cir. 2002) ("[N]ot only may the federal courts police subject matter jurisdiction sua sponte, they must"). Accordingly, Petitioner's #4 Motion to Amend is DENIED. See Arlin-Golf, LLC v. Village of Arlington Heights, 631 F.3d 818, 823 (7th Cir. 2011) ([T]he right to amend as a matter of course is not absolute, and a district court may deny a motion to amend if the proposed amendment fails to cure the deficiencies in the original pleading (internal citations omitted)). To remove a case to federal court, the removing party must show that the case is one over which the district courts of the United States have original jurisdiction. See 28 U.S.C. 1441(a); see also Schur v. L.A. Weight Loss Ctrs., Inc., 577 F.3d 752, 758 (7th Cir. 2009). Petitioners arguments that his claims are based in equity is not a basis for federal question jurisdiction over challenges relating to rulings entered in his state divorce case, which plainly does not arise "under the Constitution, treaties or laws of the United States." See 28 U.S.C. 1441(b). Moreover, the Rooker-Feldman doctrine precludes lower federal courts from entertaining a proceeding to reverse or modify a state judgment or decree to which the assailant was a party. See Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923); D.C. Ct. of App. v. Feldman, 460 U.S. 462 (1983). Which appears to be exactly what Petitioner is requesting this Court do here. Likewise, Younger v. Harris, 401 U.S. 37 (1971), "prevents a federal judge from resolving isolated legal issues that might matter to proceedings already before a state judge." Milchtein v. Chisholm, 880 F.3d 895, 899 (7th Cir. 2018). Finally, the State of Illinois, is not a party to Petitioner's state divorce case. To the extent he would like to proceed in a separate civil case he can only do so with the state's consent as they are otherwise immune from suit in federal court under the Eleventh Amendment. See Seminole Tribe v. Florida, 517 U.S. 44, 54 (1996); see also Penhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 98 (1984) (this immunity applies regardless of the nature of the relief sought). For these reasons, this case is REMANDED back to McLean County Circuit Court and the Clerk is DIRECTED to return Petitioner's filing fee and close this case. (AWR)
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| Filing 4 MOTION for Leave to File Amended Notice of Removal by Petitioner Matthew Grubbs. Responses due by 7/31/2025 (AWR) |
| Filing 3 MOTION to Set Aside #2 for Leave to Proceed in forma pauperis by Petitioner Matthew Grubbs. Responses due by 7/31/2025 (AWR) |
| Filing fee: $ 405, receipt number PIA 100007124 (DW) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Petitioner Matthew Grubbs. Responses due by 7/25/2025 (AWR) Modified on 7/11/2025 to correct event type (AWR). |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of McClean County Illinois, case number 2015D592 (), filed by Matthew Grubbs. (Attachments: #1 exhibits)(AWR) |
| Set/Reset Deadlines/Hearings as to #2 for Leave to Proceed in forma pauperis. Responses due by 7/25/2025 (AWR) |
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| Petitioner: Matthew Grubbs | |
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| Respondent: The State of Illinois | |
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