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Galt Ventures, Inc. v. Nolan-Bey

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Nov 21, 2017
Case No. 17-1206-JTM-KGG (D. Kan. Nov. 21, 2017)

Opinion

Case No. 17-1206-JTM-KGG

11-21-2017

GALT VENTURES, INC. d/b/a SPEEDY CASH #60, Plaintiff, v. MARQUES NOLAN-BEY, a.k.a. MARQUES NOLAN, Defendant.


MEMORANDUM AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

This matter comes before the court on the Magistrate Judge's Report and Recommendation ("R&R"), filed October 12, 2017 (Dkt. 6), recommending that the court dismiss defendant's claims for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 12(h)(3). The Magistrate Judge notified defendant of his ability to file objections by October 26, 2017. On November 3, 2017, defendant filed a document titled Affidavit Summary Judgment (Dkt. 8).

Having reviewed the R&R and defendant's affidavit, the court finds that the Magistrate Judge fully and accurately considered defendant's claims and governing legal authority. The court agrees that the Rooker-Feldman doctrine deprives the court of jurisdiction to overturn the state court's judgment. See D.C. Cir. v. Feldman, 460 U.S. 462, 476 (1983); Rooker v. Fid. Trust Co., 263 U.S. 413, 415-16 (1923). The Rooker-Feldman doctrine bars "a party losing in state court . . . from seeking what in substance would be appellate review of the state judgment in a United States [trial] court." Johnson v. De Grandy, 512 U.S. 997, 1005-06 (1994). The court adopts the R&R and dismisses this action for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(h)(3).

IT IS THEREFORE ORDERED this 21st day of November, 2017, that defendant's claims, along with this case, is dismissed without prejudice.

s/ J. Thomas Marten

J. Thomas Marten, Judge


Summaries of

Galt Ventures, Inc. v. Nolan-Bey

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Nov 21, 2017
Case No. 17-1206-JTM-KGG (D. Kan. Nov. 21, 2017)
Case details for

Galt Ventures, Inc. v. Nolan-Bey

Case Details

Full title:GALT VENTURES, INC. d/b/a SPEEDY CASH #60, Plaintiff, v. MARQUES…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Date published: Nov 21, 2017

Citations

Case No. 17-1206-JTM-KGG (D. Kan. Nov. 21, 2017)