Opinion
21-Civ-23311-COOKE/DAMIAN
04-25-2022
VINCENT S. MERCIER, and IRINA MERCIER, Plaintiffs, v. TURNBERRY ISLE SOUTH CONDOMINIUM ASSOCIATION, INC., Defendant.
ORDER ADOPTING AND APPROVING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING CASE
MARCIA G. COOKE, United States District Judge
THIS MATTER is before me upon the Report and Recommendation (“R&R”) of the Honorable John J. O'Sullivan, Chief U.S. Magistrate Judge (ECF No. 29) regarding Plaintiffs' Renewed Motion to Stay Removal of Plaintiffs' Service Dogs from Plaintiffs' Home (ECF No. 24) (the “Renewed Motion”).
In his R&R, Judge O'Sullivan recommended that the Motion be denied because, in accordance with the Rooker-Feldman Doctrine (Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923); District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983)) this Court lacks jurisdiction to review a state court civil judgment. ECF No. 29. The Parties have not filed objections to the R&R, and the time to do so has passed.
I have reviewed Judge O'Sullivan's R&R, the record, and the relevant legal authorities. Having done so, I find Judge O'Sullivan's R&R to be clear, cogent, and compelling. Accordingly, Judge O'Sullivan's R&R is AFFIRMED and ADOPTED as the Order of this Court. It is hereby ORDERED and ADJUDGED that the Plaintiffs' Renewed Motion to Stay Removal of Plaintiffs' Service Dogs from Plaintiffs' Home (ECF No. 24) is DENIED. Moreover, it is ORDERED and ADJUDGED that, for the reasons set forth in the R&R, this case is DISMISSED FOR LACK OF JURISDICTION. As such, the Clerk is directed to CLOSE this case.
DONE and ORDERED.
Melissa Damian, U.S. Magistrate Judge.