Gabriel v. Archambeault et al
| Tracey-Diane Gabriel |
| David Garcia, Dinah Archambeault, Schoenstedt and Elizabeth Dow |
| 1:2020cv05335 |
| September 10, 2020 |
| US District Court for the Northern District of Illinois |
| John Z Lee |
| Other Fraud |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 WRIT OF QUO WARRANTO by Tracey-Diane Gabriel (Attachments: #1 (Notice of Filing)) (ph, ) |
| Filing 15 WRIT OF MANDAMUS by Tracey-Diane Gabriel (Attachments: #1 (Notice of Filing))(ph, ) |
| Filing 14 MOTION by Plaintiff Tracey-Diane Gabriel to reconsider the Court's Ruling of September 17, 2020. (ph, ) |
| ***Civil Case Terminated. (ca, ). |
| Filing 13 ENTERED JUDGMENT Signed by the Courtroom Deputy on 9/17/20.Mailed notice(ca, ) |
| Filing 12 MINUTE entry before the Honorable John Z. Lee: The Court dismisses Plaintiff's complaint for lack of subject matter jurisdiction. See United States v. Tribal Dev. Corp., 49 F.3d 1208, 1216 (7th Cir. 1995) (A federal court has a "continuing duty" to monitor its jurisdiction and thus has an "obligation to raise and correct jurisdictional matters sua sponte"); Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject matter jurisdiction, the court must dismiss the action."). Plaintiff seeks for the Court to vacate a state court judgment and a state court arrest warrant. The Rooker-Feldman doctrine, however, provides that federal courts, other than the Supreme Court, lack jurisdiction to adjudicate claims seeking review of state court judgments. See District of Columba Court of Appeals v. Feldman, 460 U.S. 462, 486 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 41516 (1923). And, to the extent that Plaintiff seeks relief under federal habeas corpus law, she is not "in custody" relating to the judgment she challenges and thus that law does not apply to her. 28 U.S.C. 2254. Moreover, this Court lacks authority to vacate an active arrest warrant filed in state court, particularly where Plaintiff has the opportunity to challenge the warrant in state court. See Younger v. Harris, 401 U.S. 37, 45 (1971). For these reasons, the complaint is dismissed, and Plaintiff's emergency motion #5 is denied. Civil case terminated. Mailed notice (ca, ) |
| Filing 11 MINUTE entry before the Honorable John Z. Lee:Motion hearing held on 9/10/20. The Court will issue its ruling by mail.Mailed notice (ca, ) |
| Filing 10 AFFIDAVIT IV in support of Habeas Corpus. (ph, ) |
| Filing 9 AFFIDAVIT III in support of Habeas Corpus. (ph, ) |
| Filing 8 AFFIDAVIT II in support of Habeas Corpus. (ph, ) |
| Filing 7 AFFIDAVIT I in support of Habeas Corpus. (ph, ) |
| Filing 6 APPLICATION by Plaintiff Tracey-Diane Gabriel for leave to proceed in forma pauperis. (ph, ) |
| Filing 5 MOTION by Plaintiff Tracey-Diane Gabriel Habeas Corpus. (Attachments: #1 (Part 2, Continuation of Part 1)) (Exhibits) (ph, ) |
| Filing 4 PRO SE Appearance by Plaintiff Tracey-Diane Gabriel. (ph, ) |
| Filing 3 PRO SE Appearance by Plaintiff Tracey-Diane Gabriel. (ph, ) |
| Filing 2 CIVIL Cover Sheet. (ph, ) |
| Filing 1 RECEIVED Complaint and No copies by Tracey-Diane Gabriel. (Attachment) (ph, ) |
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