Opinion
Case No. 2:03CV639DAK.
July 28, 2004
ORDER AFFIRMING REPORT RECOMMENDATION
This case was assigned to United States District Court Judge Dale A. Kimball, who then referred it to United States Magistrate Judge Brooke C. Wells under 28 U.S.C. § 636(b)(1)(B). On April 2, 2004, Judge Wells issued a Report and Recommendation, recommending that Plaintiff's case be dismissed for lack of jurisdiction as to all Defendants. The court granted Plaintiff an opportunity to respond after the initial deadline passed because Plaintiff asserted that she had not received a copy of the Report and Recommendation.
The court has reviewed Plaintiff's objections, the Report and Recommendation, and the parties' briefing filed prior to the issuance of the Report and Recommendation as well as the facts and law relevant to this matter. Although Plaintiff argues that court-appointed counsel and foster parents act under color of state law, there is no support for such assertions in civil rights case law. In addition, this court agrees that the Rooker-Feldman doctrine is applicable to the claims asserted by Plaintiff. This court is not in a position to re-address or modify the rulings made by competent state courts. The constitutional issues raised in this action should have been presented in the state court action. Accordingly, the court agrees with the analysis in Judge Wells's Report and Recommendation and approves and adopts Judge Wells's Report and Recommendation in its entirety. Accordingly, this case is DISMISSED.