ALGENON L. MARBLEY, District Judge.
This matter comes before the Court on Defendant's Motion to Dismiss Plaintiff's Complaint. Defendant argues that this Court lacks subject matter jurisdiction to hear this action and it should therefore be dismissed pursuant to Fed. R. Civ. P. 12(b)(1). Defendant also argues that Plaintiff fails to state a claim upon which relief may be granted by this Court, and thus the action should be dismissed pursuant to Fed. R. Civ. P. 12(b)(6). For the reasons stated below, Defendant's Motion to Dismiss is
Plaintiff filed a civil case in Licking County, Ohio and appealed the matter to the Fifth District Court of Appeals. (ECF No. 1). Plaintiff initiated the instant action on October 12, 2017, complaining that the Fifth District did not follow applicable rules and law when ruling on his appeal.
Federal Rule of Civil Procedure 12 provides, in relevant part, that:
Fed. R. Civ. P. 12(b)(1). As noted by this Court, "[f]ederal courts are of limited jurisdiction; they are empowered to hear only those cases which are within the judicial power of the United States as defined in the United States Constitution and as further granted to them by Act of Congress." Mullins v. Pennymac Loan Services, LLC, No. 3:16-cv-137, 2016 WL 6080286, at *1 (S. D. Ohio Oct. 18, 2016). Continuing, this Court explained that, "there is a presumption that a federal court lacks jurisdiction until it has been demonstrated." Id. Notably, the plaintiff bears the burden of demonstrating that a court has subject-matter jurisdiction. RMI Titanium Co. v. Westinghouse Elec. Corp., 78 F.3d 1125, 1134 (6th Cir. 1996). Thus, in order to defeat Defendant's Motion to Dismiss under Fed. R. Civ. P. 12(b)(1), Plaintiff must demonstrate that this Court has subject-matter jurisdiction.
Defendant argues that the Rooker-Feldman doctrine bars jurisdiction here. (ECF No. 3 at 2). Functionally, the Rooker-Feldman doctrine serves as a bar that disallows federal District and Circuit Courts from conducting appellate review of state court judgments. The Rooker-Feldman jurisdictional bar finds its roots in two cases that interpret 28 U.S.C. § 1257(a). See District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923). The Rooker-Feldman doctrine, "is based on the negative inference that if appellate court review of such state judgments is vested in the Supreme Court [per § 1257(a)], then it follows that such review may not be had in the lower federal courts." Lawrence v. Welch, 531 F.3d 364, 368 (6th Cir. 2008). Thus, if a state court judgment is the source of injury upon which a plaintiff bases his/her federal claim in federal courts other than the Supreme Court of the United States, the Rooker-Feldman doctrine applies, barring the claim for lack of subject-matter jurisdiction. McCormick v. Braverman, 451 F.3d 382, 394 (6th Cir. 2006).
In the present case, Plaintiff asks this Court to conduct appellate review of a state court decision. Due to the Rooker-Feldman doctrine, this Court is unable to do so. The alleged source of the injury to Plaintiff is the state appellate court's "failure to perform" which led to decisions adverse to Plaintiff. (ECF No. 1 at 1, 9). As Defendants point out, the Sixth Circuit Court in Durham v. Haslam reinforced a fundamental tenet of the federalist system in writing, "federal appellate jurisdiction over a state court decision lies exclusively with the Supreme Court, and not lower federal courts." 528 F. App'x 559, 563 (6th Cir. 2013). Thus, the only federal court that has any jurisdiction over state court decisions is the Supreme Court of the United States, and not the United States Circuit Courts or United States District Courts. This Court, the United States District Court for the Southern District of Ohio, lacks subject-matter jurisdiction. Indeed, Plaintiff offers no explanation as to why this Court has jurisdiction in this matter, and thus does not meet the burden established by RMI Titanium Co., which requires that the plaintiff must prove that the court in question has subject-matter jurisdiction. Accordingly, this Court
Because Plaintiff has not demonstrated that this Court has the power to hear this case, the Court is obligated to dismiss the Complaint in its entirety. Defendant's Motion to Dismiss (ECF No. 3) is hereby