Kay Xiong Yang v. State of Wisconsin, James K. Muehlbauer, Steven M. Cain, Sandy A. Williams, Adam Y. Gerol, Kristian K. Lindo, Kristin L. Studinski-Toryfter, Scot Fink, Sara Schmeling, Marinosci Law Group, P.C., U.S. Bank National Association, Select Portfolio Servicing, Inc., and Does 1–100

Summary

The United States District Court for the Eastern District of Wisconsin dismisses sua sponte the claims against remaining defendant Scot Fink in Kay Xiong Yang’s challenge arising from a state foreclosure, sheriff’s sale, and related criminal proceedings. The court concludes that the Rooker-Feldman doctrine bars claims seeking to undo the state-court foreclosure and sale, and that the complaint fails to state a federal damages claim because Fink was a private purchaser not plausibly alleged to have acted under color of state law. The court orders dismissal with prejudice of the entire action and directs the clerk to enter judgment.

Holdings

1. The Rooker-Feldman doctrine bars claims seeking to set aside the state foreclosure action and sheriff's sale and to return the property to Yang.
2. Yang failed to state a plausible federal damages claim because Fink was a private citizen and the complaint did not plausibly allege that he acted under color of state law.
3. The court could dismiss the claims against Fink sua sponte under its inherent authority and 28 U.S.C. § 1915(e)(2)(B)(ii) because the claims were transparently defective.

Questions Presented

1. Whether the Rooker-Feldman doctrine barred Yang's claims against Fink to the extent she sought to set aside the state foreclosure action and sheriff's sale and recover the property.
2. Whether Yang stated a plausible federal damages claim against Fink when Fink was a private purchaser and the complaint did not plausibly allege action under color of state law.
3. Whether the court could dismiss the claims against Fink sua sponte under its inherent authority and 28 U.S.C. § 1915(e)(2)(B)(ii).

Disposition

dismissed