McNeil v. University of Arkansas Foundation, 4:19-CV-00104-BRW. (2019)
Court: District Court, E.D. Arkansas
Number: infdco20190306a48
Visitors: 25
Filed: Mar. 05, 2019
Latest Update: Mar. 05, 2019
Summary: ORDER BILLY ROY WILSON , District Judge . Plaintiff filed a complaint "for forced labor in violation of Thirteenth Amendment; for violation of constitutionally protected rights under color of state law, and for common law conversion." 1 His "First Amended Complaint Pleading Special Matters of Congressional Intent," filed on February 25, 2019, mentions treason. 2 It appears to me that Plaintiff is upset that Defendants, his employers, are garnishing his wages pursuant to an IRS lien, as t
Summary: ORDER BILLY ROY WILSON , District Judge . Plaintiff filed a complaint "for forced labor in violation of Thirteenth Amendment; for violation of constitutionally protected rights under color of state law, and for common law conversion." 1 His "First Amended Complaint Pleading Special Matters of Congressional Intent," filed on February 25, 2019, mentions treason. 2 It appears to me that Plaintiff is upset that Defendants, his employers, are garnishing his wages pursuant to an IRS lien, as th..
More
ORDER
BILLY ROY WILSON, District Judge.
Plaintiff filed a complaint "for forced labor in violation of Thirteenth Amendment; for violation of constitutionally protected rights under color of state law, and for common law conversion."1 His "First Amended Complaint Pleading Special Matters of Congressional Intent," filed on February 25, 2019, mentions treason.2 It appears to me that Plaintiff is upset that Defendants, his employers, are garnishing his wages pursuant to an IRS lien, as they are required to do. Plaintiff's state-court case, with one less Defendant but involving the same issues, was dismissed with prejudice.3
For reasons including, but not limited to, failure to state a claim, Rooker-Feldman,4 and immunity, the Motions to Dismiss (Doc. Nos. 8, 13)5 are GRANTED. I decline to retain jurisdiction over the state law claims, assuming there are any. This case is DISMISSED.
IT IS SO ORDERED.
FootNotes
1. Doc. No. 1.
2. Doc. No. 12.
3. See McNeil v. Univ. of Arkansas Medical Sciences, et al., Case No. 60CV-18-6811.1 (Pulaski Co. Ark. 2018), Order filed January 24, 2019.
4. Under Rooker-Feldman, federal courts, other than the United States Supreme Court, do not have subject matter jurisdiction to hear challenges to state court judgments. If a "federal claim succeeds only to the extent that the state court wrongly decided the issue before it," the claim may not be heard by the federal court. Lemonds v. St. Louis County, 222 F.3d 488, 492 (8th Cir. 2000).
5. Plaintiff filed a response March 5, 2019 (Doc. No. 16).
Source: Leagle
