Walker v. State of Rhode Island et al
| Rhode Island District Court | |
| Judge: | Melissa R Dubose |
| Referred: | Patricia A Sullivan |
| Case #: | 1:25-cv-00161 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Apr 16, 2025 |
| Terminated: | Apr 23, 2025 |
| Last checked: Wednesday Apr 16, 2025 2:06 PM EDT |
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Defendant
Daniel Ballirano
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Defendant
Jeffrey Eger
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Defendant
Maura Flynn
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Defendant
Michael Forte
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Defendant
Richard Merolla
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Defendant
Susan Nahabedian
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Defendant
State of Rhode Island
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Plaintiff
Justin Walker
878 Washington Street, 1107
Attleboro, MA 02703 |
| Docket last updated: 04/24/2025 11:59 PM EDT |
| Wednesday, April 23, 2025 | ||
| 4 | 4
order
Judgment
Wed 04/23 9:45 AM
JUDGMENT entered dismissing this civil action. So Ordered by District Judge Melissa R. DuBose on 4/23/2025. (Urizandi, Nissheneyra) |
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order
Order on Motion for Leave to Proceed In Forma Pauperis
Wed 04/23 9:41 AM
TEXT ORDER: The plaintiff has filed, with his Complaint, an Application to Proceed In Forma Pauperis , without payment of a filing fee. While the application establishes indigency, the Court has determined pursuant to the screening review mandated by 28 U.S.C. § 1915 that the Complaint fails to state a plausible federal claim for relief. 28 U.S.C. § 1915(e)(2)(B)(ii). Ashcroft v. Iqbal , 556 U.S. 662, 667 (2009). A federal court is a court of limited jurisdiction, and the "domestic relations exception" specifically precludes jurisdiction over child custody issues, as well as questions of divorce and alimony. Ankenbrandt v. Richards , 504 U.S. 689, 693, 701-04 (1992) (citing Barber v. Barber , 62 U.S. 582 (1858)). It extends to cases that essentially seek to modify previously-entered judgments of a state domestic relations court or challenge the impact of such orders, including orders for child support. Southerland v. Banks , 15-CV-6088 (RRM) (RLM), 2015 WL 9581818, at *2 (E.D.N.Y. Dec. 30, 2015). Here, Mr. Walker seeks "repair [of] a custody order" and "removal of any unlawful lien or levy," both of which remedies appear to relate to actions taken by the Family Court and/or the Office of Child Support. The domestic relations exception deprives this Court of jurisdiction. In addition, the Rooker-Feldman doctrine precludes jurisdiction in "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments." Exxon Mobil Corp. v. Saudi Basic Indus. Corp. , 544 U.S. 280, 283-84 (2005). Mr. Walker complains of procedural irregularities allegedly committed by the Family Court Justices and Magistrates he names. The appropriate remedy is an appeal within the state court system. The Court notes that the statutes cited by Mr. Walker are all criminal statutes that may provide for prosecutions but do not give rise to private civil causes of action. The Complaint (ECF No.1 ) is DISMISSED and the Application to Proceed In Forma Pauperis (ECF No.2 ) is DENIED as moot. So Ordered by District Judge Melissa R. DuBose on 4/23/2025. (Urizandi, Nissheneyra) |
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| Wednesday, April 16, 2025 | ||
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notice
Case Opening Notice (Form Attached)
Wed 04/16 12:53 PM
CASE OPENING NOTICE ISSUED (Hill, Cherelle) |
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motion
Proceed In Forma Pauperis
Wed 04/16 12:49 PM
MOTION for Leave to Proceed in forma pauperis filed by Justin Walker. (Hill, Cherelle) |
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pgs
cmp
Complaint
Wed 04/16 12:49 PM
COMPLAINT, filed by Justin Walker.(Hill, Cherelle) |
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Att: 1
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Wed 04/16 12:53 PM
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Hill, Cherelle) |
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