Johnson v. Department of Children & Families
| Nicole Johnson |
| Department of Children & Families |
| 1:2022cv10909 |
| June 10, 2022 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 21, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 NOTICE of Appearance by Christine Fimognari on behalf of Department of Children & Families (Fimognari, Christine) |
| Filing 19 Copy re 18 Order on Motion for Leave to Appeal in forma pauperis mailed to Nicole Johnson on 7/5/2022. (Pacho, Arnold) |
| Filing 18 Judge Richard G. Stearns: ELECTRONIC ORDER entered allowing #14 Motion for Leave to Appeal in forma pauperis. (Pacho, Arnold) |
| Filing 17 USCA Case Number 22-1516 for #13 Notice of Appeal, filed by Nicole Johnson. (Paine, Matthew) |
| Filing 16 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #13 Notice of Appeal. (Paine, Matthew) |
| Filing 15 AFFIDAVIT of Nicole Johnson in Support re #14 MOTION for Leave to Appeal in forma pauperis filed by Nicole Johnson. (Pacho, Arnold) |
| Filing 14 MOTION for Leave to Appeal in forma pauperis by Nicole Johnson. (Pacho, Arnold) |
| Filing 13 NOTICE OF APPEAL as to #11 Order Dismissing Case, 10 Order on Motion for Reconsideration, by Nicole Johnson. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 7/18/2022. (Pacho, Arnold) |
| Filing 12 Copy re 10 Order on Motion for Reconsideration, #11 Order of Dismissal, and Docket Sheet, mailed to Nicole Johnson on 6/27/22. Copies of Orders and Docket Sheet also mailed to Boston Juvenile Court at Edward W. Brooke Courthouse, 24 New Chardon St., P.O. Box 9663, Boston, MA 02114. (Pacho, Arnold) |
| Filing 11 Judge Richard G. Stearns: ORDER entered. Order of Dismissal. (Pacho, Arnold) |
| Filing 10 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #9 Motion for Reconsideration re 7 Order on Motion for Miscellaneous Relief filed by Nicole Johnson. Plaintiff Nicole Johnson's removal of her case to federal court does not in and of itself create jurisdiction here. The federal district court is a court of limited jurisdiction. In order to bring an action in federal court, the plaintiff must have a constitutional or congressional grant of subject-matter jurisdiction to allow the federal court to hear the claim. See U.S. Const. Art. III, Sec. 2. As a general rule, courts read congressional grants of subject-matter jurisdiction narrowly, resolving any ambiguities in favor of denying jurisdiction.The requirement that a court have subject-matter jurisdiction means that the court can only assume power over a claim which it is authorized to hear. A court must have jurisdiction to enter a valid, enforceable judgment on a claim. As the court previously ruled, it lacks subject matter jurisdiction over a state child custody case. Any challenge to the state courts ruling must proceed to the Massachusetts appellate courts. While the court is sympathetic to Ms. Johnson's plight, her Motion for Reconsideration must be DENIED. The case is dismissed for lack of jurisdiction. The Clerk will return the case to the state court. (mkz) |
| Filing 9 MOTION for Reconsideration re 7 Order by Nicole Johnson. (Pacho, Arnold) |
| Filing 8 Copy re [Dkt. # 7] Order, provided to Nicole Johnson in person at the clerk's office counter on 6/24/2022. (Pacho, Arnold) |
| Filing 7 Judge Richard G. Stearns: ELECTRONIC ORDER entered re 5 Ex Parte Emergency Motion for Return of Custody Order to Plaintiff; #6 Motion for Short Order of Notice. Denied. Under the Rooker-Feldman doctrine a federal district court has no jurisdiction to hear an appeal from an order of a state court, particularly one involving a matter of child custody. See Ankenbrandt v. Richards, 504 U.S. 689, 704 (1992). /s/ Stearns, D.J.(Pacho, Arnold) |
| Filing 6 MOTION for Short Order of Notice by Nicole Johnson. (Pacho, Arnold) |
| Filing 4 Certified Copy of Notice of Removal Provided to Pro Se Plaintiff in hand. (Kelly, Danielle) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) |
| Filing 2 Filing fee/payment: $ 402.00, receipt number 1BST089876 for #1 Notice of Removal (Phillips, Sophie) |
| Filing 1 NOTICE OF REMOVAL by Nicole Johnson (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Exhibit)(Kelly, Danielle) |
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| Plaintiff: Nicole Johnson | |
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| Defendant: Department of Children & Families | |
| Represented By: | Christine Fimognari |
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