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Jing Chun Wu v. LeVine

United States Court of Appeals, Second Circuit
Mar 11, 2009
314 F. App'x 376 (2d Cir. 2009)

Summary

holding that request to stay foreclosure sale "in effect request[ed] that the district court overturn the state court's judgment of foreclosure."

Summary of this case from Simmons v. Reich

Opinion

No. 05-4213-cv.

March 11, 2009.

UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED.

Jing Chun Wu, pro se, for Appellant.

Patrick J. Walsh, Assistant Solicitor General, Office of Attorney General, State of New York, for Appellees.

PRESENT: Hon. SONIA SOTOMAYOR, Hon. ROBERT A. KATZMANN, and Hon. B.D. PARKER, Circuit Judges.


SUMMARY ORDER

Plaintiff-appellant Jing Chun Wu, pro se, appeals from the judgment of the United States District Court for the Eastern District of New York (Gershon, J.), dismissing Wu's complaint for lack of subject matter jurisdiction. We assume the parties' familiarity with the facts and procedural history.

We affirm for substantially the reasons stated by the district court. Wu seeks injunctive relief to stay the foreclosure order on her property, in effect requesting that the district court overturn the state court's judgment of foreclosure. Contrary to Wu's arguments, her claims were barred under the doctrine outlined in Dist. of Columbia Court of Appeals v. Feldman., 460 U.S. 462, 482-84 n. 16, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983), and Rooker v. Fidelity Trust Co., 263 U.S. 413, 415-16, 44 S.Ct. 149, 68 L.Ed. 362 (1923). The district court was without subject matter jurisdiction over Appellant's complaint, because it sought review of the state court's judgment in district court. See McKithen v. Brown, 481 F.3d 89, 97 (2d Cir. 2007). To the extent that Wu sought damages, all of the claims against Appellees pertained to the decisions they made in their judicial capacities, for which Appellees were absolutely immune. Nixon v. Fitzgerald, 457 U.S. 731, 766, 102 S.Ct. 2690, 73 L.Ed.2d 349 (1982).

For the reasons stated above, the judgment of the district court is AFFIRMED.


Summaries of

Jing Chun Wu v. LeVine

United States Court of Appeals, Second Circuit
Mar 11, 2009
314 F. App'x 376 (2d Cir. 2009)

holding that request to stay foreclosure sale "in effect request[ed] that the district court overturn the state court's judgment of foreclosure."

Summary of this case from Simmons v. Reich

affirming denial of plaintiff's claims for injunctive relief to stay the state court's foreclosure order on her property because the district court was without subject matter jurisdiction on the basis of the Rooker-Feldman doctrine

Summary of this case from Chou v. E. W. Bank

affirming denial of plaintiff's claims for injunctive relief to stay the state court's foreclosure order on her property because the district court was without subject matter jurisdiction on the basis of the Rooker-Feldman doctrine

Summary of this case from George v. Nationstar Mortg. LLC

affirming denial of plaintiff's claims for injunctive relief to stay the state court's foreclosure order on her property because the district court was without subject matter jurisdiction on the basis of the Rooker-Feldman doctrine

Summary of this case from Hernandez v. Bayville Realty Corp.
Case details for

Jing Chun Wu v. LeVine

Case Details

Full title:JING CHUN WU, Plaintiff-Appellant, v. Justice Alan LeVINE, in his official…

Court:United States Court of Appeals, Second Circuit

Date published: Mar 11, 2009

Citations

314 F. App'x 376 (2d Cir. 2009)

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