Filed: Jul. 12, 2019
Latest Update: Mar. 03, 2020
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 18-2630 _ JAMES A. GORDON, Appellant v. WILLIE MEANA CANADA; PATRICIA A. CONWAY _ On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil Action No. 18-cv-02651) District Judge: Honorable Wendy Beetlestone _ Submitted Pursuant to Third Circuit LAR 34.1(a) May 9, 2019 Before: MCKEE, COWEN and RENDELL, Circuit Judges (Opinion filed: July 12, 2019) _ OPINION * _ PER CURIAM * This
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 18-2630 _ JAMES A. GORDON, Appellant v. WILLIE MEANA CANADA; PATRICIA A. CONWAY _ On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil Action No. 18-cv-02651) District Judge: Honorable Wendy Beetlestone _ Submitted Pursuant to Third Circuit LAR 34.1(a) May 9, 2019 Before: MCKEE, COWEN and RENDELL, Circuit Judges (Opinion filed: July 12, 2019) _ OPINION * _ PER CURIAM * This ..
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 18-2630
__________
JAMES A. GORDON,
Appellant
v.
WILLIE MEANA CANADA; PATRICIA A. CONWAY
____________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Civil Action No. 18-cv-02651)
District Judge: Honorable Wendy Beetlestone
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
May 9, 2019
Before: MCKEE, COWEN and RENDELL, Circuit Judges
(Opinion filed: July 12, 2019)
___________
OPINION *
___________
PER CURIAM
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding
precedent.
James Gordon appeals the District Court’s order dismissing his complaint. For the
reasons below, we will affirm the District Court’s order.
The procedural history of this case and the details of Gordon’s claims are well
known to the parties, set forth in the District Court’s memorandum, and need not be
discussed at length. Briefly, Gordon filed an action seeking to void his father’s will and
to revoke the appointment of his sister as the executor. The District Court dismissed the
complaint before service for lack of jurisdiction pursuant to the Rooker-Feldman
doctrine. The District Court dismissed Gordon’s state law claims without prejudice to
Gordon’s right to pursue them in state court. The District Court also noted that Gordon
had not established diversity jurisdiction and that, even if he had, his claims fell within
the probate exception to diversity jurisdiction. Gordon filed a timely notice of appeal.
We have jurisdiction under 28 U.S.C. § 1291 and review the District Court’s
dismissal de novo. Suber v. Chrysler,
104 F.3d 578, 583 (3d Cir. 1997). We agree with
the District Court that it lacked jurisdiction over Gordon’s claims. The Rooker-Feldman
doctrine deprives a District Court of jurisdiction to review, directly or indirectly, a state
court adjudication. See D.C. Court of Appeals v. Feldman,
460 U.S. 462 (1983); Rooker
v. Fidelity Trust Co.,
263 U.S. 413 (1923). The Supreme Court has explained that this
doctrine is narrow and confined to 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
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Mobil Corp. v. Saudi Basic Indus. Corp.,
544 U.S. 280, 284 (2005). Here, Gordon
complains of injuries caused by judgments of the state probate court rendered before the
federal proceedings began and seeks review and rejection of those judgments. The
District Court was correct that federal review of Gordon’s claims is barred by the
Rooker-Feldman doctrine.
The District Court also correctly determined that it lacked diversity jurisdiction
over Gordon’s claims. Under 28 U.S.C. § 1332, a district court has jurisdiction over a
civil action where the matter in controversy exceeds $75,000 and is between citizens of
different states. While Gordon stated that one defendant’s state of citizenship was
Georgia, the addresses he listed for both defendants were in Pennsylvania. As for the
amount in controversy, Gordon seeks one-tenth of his father’s assets. Gordon alleges in
his brief that the estate was worth $300,000. Thus, Gordon also cannot meet the amount
in controversy requirement.
The District Court did not err in determining that it lacked jurisdiction over
Gordon’s complaint. For the above reasons, as well as those set forth by the District
Court, we will affirm the District Court’s order.
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