Azubuko v. First ( 1996 )

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

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        No. 96-1564





                                  CHUKWU E. AZUBUKO,



                                Plaintiff, Appellant,



                                          v.



                          THE FIRST NATIONAL BANK OF BOSTON,

                              THEIR BOARD OF DIRECTORS,



                                 Defendant, Appellee.



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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                  [Hon. George A. O'Toole, Jr., U.S. District Judge]



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                                        Before



                                Selya, Cyr and Boudin,

                                   Circuit Judges.
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                                 ____________________



            Chukwu E. Azubuko on Reply to Motion for Summary Disposition.
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            Robert L. Klivans on Motion for Summary Disposition for appellee.
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                                    August 7, 1996

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                      Per Curiam.   Appellant  Chukwu E.  Azubuko appeals
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            from  the district court's dismissal of his complaint against



            appellee First  National Bank of Boston.   Appellee has moved



            for summary disposition of the  matter under Local Rule 27.1,



            arguing  that the  appeal does  not  present any  substantial



            questions.  We agree.



                      1.  Subject Matter Jurisdiction.  Appellant appears
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            to  confuse  personal  jurisdiction  over  a  defendant  with
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            subject matter jurisdiction over a cause of action.  Only the
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            latter type of  jurisdiction is in question in this case.  In



            this context,  then, we  first note  that appellant's  claims



            plainly  do not  "aris[e] under  the  Constitution, laws,  or



            treaties  of the  United  States."   See  28  U.S.C.    1331.
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            Rather, he is asserting state law claims.   Under 28 U.S.C.



            1332(a),  the  district  court  has  jurisdiction  over  such



            actions  where  the  controversy  is   between  "citizens  of



            different States."  Appellant does not dispute that defendant



            is a citizen of Massachusetts.



                      For  individuals,   citizenship  is   equated  with



            "domicile."   See Rodriguez-Diaz v. Sierra-Martinez, 853 F.2d
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            1027, 1029  (1st Cir. 1988).   Domicile, in turn,  requires a



            home and physical presence in a state.  Id.  Appellant states
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            that he  is a  resident of Massachusetts;  he does  not claim



            citizenship in any other jurisdiction.   Thus, he is deemed a



            citizen  of  the  Commonwealth.    See  id.    As  such,  the
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            controversy  is between  citizens  of  the  same  state  and,
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            diversity missing, the  district court lacked subject  matter



            jurisdiction over the action.



                      2.  Review of State Court Judgments.
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                      Appellant plainly  is  attacking  the  state  court



            judgment  against  him on  the  same  claim  that he  is  now



            asserting.    The  Rooker-Feldman  doctrine  prohibits  lower
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            federal courts such  as the district court and  this one from



            reviewing  state court  judgments.   See  Rooker v.  Fidelity
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            Trust Co., 263 U.S. 413 (1923); District of Columbia Court of
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            Appeals v. Feldman, 460 U.S. 462 (1983).  Even if appellant's
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            federal claims never were presented in state court, they  are



            "inextricably  intertwined"   with  that   judgment,  thereby



            barring review by this or the district court.   See Ritter v.
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            Ross, 992 F.2d  750, 753-54 (7th Cir. 1993) (quoting Feldman,
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            460 U.S.  at 483  n.16) (internal  quotation marks  omitted),



            cert. denied, 510 U.S. 1046 (1994).
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                      3.  Notice.  The district  court in its endorsement
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            granting  appellee's motion to dismiss gave three reasons for



            its  actions.   Although succinct,  we think  that they  were



            sufficient.   Given the  basic  flaws in  the complaint,  and



            defendant's   memorandum  explaining   the   nature  of   the



            jurisdictional flaw, appellant was adequately apprised of the



            reasons for the dismissal.











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                      We therefore  summarily affirm the judgment  of the
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            district court.   See Local R. 27.1.   Appellant's motions to
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            proceed in forma  pauperis and without  briefs are denied  as
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            moot.



























































































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