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Rossman v. Office of the Chief, 95-1336 (1995)

Court: Court of Appeals for the First Circuit Number: 95-1336 Visitors: 4
Filed: Jul. 05, 1995
Latest Update: Mar. 02, 2020
Summary: ___________, Selya and Lynch, Circuit Judges.Michael T. Rossman on brief pro se.process in the state court.of the scheduling order but, rather, the lack of process the absence of notice and hearing.Rooker-Feldman doctrine.U.S. 413 (1923);court lacked subject matter jurisdiction over the challenge).
USCA1 Opinion









July 5, 1995
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT


____________________


No. 95-1336

MICHAEL T. ROSSMAN,

Plaintiff, Appellant,

v.

OFFICE OF THE CHIEF JUSTICE, ET AL.,

Defendants, Appellees.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Reginald C. Lindsay, U.S. District Judge]

____________________

Before

Torruella, Chief Judge, ___________
Selya and Lynch, Circuit Judges. ______________

____________________

Michael T. Rossman on brief pro se. __________________



____________________


____________________















Per Curiam. Complaining about a scheduling order, __________

which reassigned his case from Cambridge to Concord without

notice or hearing, plaintiff filed the present civil rights

action. Plaintiff contends that he has been denied due

process in the state court. Plaintiff emphasizes that he is

not challenging the ruling itself -- that is, the correctness

of the scheduling order -- but, rather, the lack of process -

- the absence of notice and hearing. This distinction, he

seems to believe, immunizes his case from dismissal under the

Rooker-Feldman doctrine. Rooker v. Fidelity Trust Co., 263 ______________ ______ ___________________

U.S. 413 (1923); District of Columbia Court of Appeals v. _______________________________________

Feldman, 460 U.S. 462 (1983). We disagree. See Phinizy v. _______ ___ _______

Alabama, 847 F.2d 282, 284 (5th Cir. 1988) (claim that _______

probate court's conduct of proceedings denied plaintiff due

process was inextricably intertwined with probate court's

judgment; consequently, under Rooker-Feldman, lower federal ______________

court lacked subject matter jurisdiction over the challenge).

Affirmed. See 1st Cir. R. 27.1. ________ ___




























Source:  CourtListener

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