Tommy-Lee Kirk v. Frank Shoffner, et al.

Summary

The United States District Court for the District of Kansas adopts a magistrate judge’s report and recommendation and dismisses Tommy-Lee Kirk’s complaint without prejudice for lack of subject-matter jurisdiction. The court holds that the Rooker-Feldman doctrine bars the action because Kirk’s claims are effectively challenges to judgments and proceedings in an ongoing Kansas state-court mortgage-foreclosure case. Kirk’s objections and remaining motions are denied or denied as moot.

Holdings

1. The district court lacked subject matter jurisdiction because plaintiff's claims sought relief from injuries allegedly caused by state-court foreclosure proceedings and judgments, placing them within the Rooker-Feldman doctrine.
2. The court overruled plaintiff's objections, adopted the magistrate judge's report and recommendation, and dismissed the complaint without prejudice.

Questions Presented

1. Whether the federal district court had subject matter jurisdiction over plaintiff's claims challenging or arising from an ongoing Kansas state-court mortgage foreclosure proceeding.
2. Whether the Rooker-Feldman doctrine barred plaintiff's federal action because the requested relief would require the district court to review or reject state-court judgments.
3. Whether the district court should adopt the magistrate judge's report and recommendation after plaintiff filed objections.

Disposition

dismissed