Monroe v. McDowell
| Aliyah Monroe |
| Timothy McDowell |
| 3:2023cv02854 |
| August 18, 2023 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
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| Document Text |
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| Filing 11 CLERK'S JUDGMENT. Approved by Judge Stephen P. McGlynn on 9/25/2023. (anb2) |
Filing 10
ORDER: Having reviewed Plaintiff Aliyah Monroe's brief, the Court FINDS that Monroe lacks subject matter jurisdiction based on the reasons cited in its previous order. See Doc. 5. Therefore, this case is DISMISSED without prejudice. The Clerk is DIRECTED to close this case and enter judgment accordingly. Signed by Judge Stephen P. McGlynn on 9/25/2023. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 Plaintiff's BRIEF by Aliyah Monroe. (aza) |
| Filing 8 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 347, this case will remain with the assigned District Judge Stephen P. McGlynn. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jlh) |
| Filing 6 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Aliyah Monroe. (jlh) |
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Filing 5
JURISDICTIONAL ORDER: This matter is before the Court sua sponte on the issue of subject matter jurisdiction. The whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the United States. Ankenbrandt v. Richards, 504 U.S. 689, 692 (1992); see also Ex parte Burrus, 136 U.S. 586, 593-94 (1890); Mansell v. Mansell, 490 U.S. 581, 587 (1989) ([D]omestic relations are preeminently matters of state law.); Moore v. Sims, 442 U.S. 415, 435 (1979) (Family relations are a traditional area of state concern.); Newman v. Indiana, 129 F.3d 937, 939 (7th Cir. 1997) (The subject of domestic relations...is the primary responsibility of the state courts, administering state law, rather than the federal courts.). Additionally, the Rooker-Feldman doctrine precludes federal district courts from exercising jurisdiction over cases filed by state court losers challenging state court judgments rendered before the district court proceedings commenced. Sykes v. Cook County Circuit Court Probate Division, 837 F.3d 736, 742 (7th Cir. 2016) (citing Exxon-Mobil v. Saudi Basic Indus. Corp. 544 U.S. 280, 284 (2005)). As a result, this Court does not appear to have jurisdiction over Plaintiff Aliyah Monroe's claims. Before taking any further action, the Court ORDERS Monroe to submit a brief on or before 9/22/2023 explaining why the Complaint should not be dismissed for lack of subject matter jurisdiction. Failure to respond to this show cause order by the deadline shall result in dismissal of this action with prejudice for failure to comply with a court order and for failure to prosecute. See Fed. R. Civ. P. 41(b). Signed by Judge Stephen P. McGlynn on 8/23/2023. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Action due by 9/22/2023. (jsm2) |
| Filing 4 NOTICE OF ACTION re #1 Notice of Removal filed by Aliyah Monroe. Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/Forms.aspx.(clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 8/22/2023 (clw). |
| Filing 3 NOTICE FROM CLERK Instructing Aliyah Monroe to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 347, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Aliyah Monroe on 8/21/2023. Consent due by 9/11/2023 (clw) |
| Filing 2 Notice of Judge Assignment. Judge Stephen P. McGlynn assigned. All future documents must bear case number 3:23-CV-2854-SPM. Refer to the pro se litigant guide, found on the ILSD website, for further information. (clw) |
| Filing 1 NOTICE OF REMOVAL from St. Clair County, IL, case number 20-F-89 ( Filing fee $ 402), filed by Aliyah Monroe. (Attachments: #1 Civil Cover Sheet)(clw) |
| Filing fee: $ 402.00, receipt number 4985 (clw) |
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| Plaintiff: Aliyah Monroe | |
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| Defendant: Timothy McDowell | |
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