Aaron Le Von Johnson v. Attorney General ( 2008 )


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  •                                                          [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FILED
    FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
    ________________________ ELEVENTH CIRCUIT
    OCT 20, 2008
    No. 08-11589                 THOMAS K. KAHN
    Non-Argument Calendar                CLERK
    ________________________
    D. C. Docket No. 06-00100-CV-3
    AARON LE VON JOHNSON,
    Plaintiff-Appellant,
    versus
    ATTORNEY GENERAL THURBERT E. BAKER,
    JAMES E. DONALD,
    JACQUELINE BUNN,
    FRED BURNETTE,
    PAT ETHEREDGE, et al.,
    Defendants-Appellees.
    ________________________
    Appeal from the United States District Court
    for the Southern District of Georgia
    _________________________
    (October 20, 2008)
    Before CARNES, BARKETT and PRYOR, Circuit Judges.
    PER CURIAM:
    Aaron Le Von Johnson, a state prisoner, appeals the dismissal of his
    complaint. See 
    42 U.S.C. § 1983
    . The district court dismissed for lack of subject
    matter jurisdiction Johnson’s collateral attack of the judgment of a state court. We
    affirm.
    We review de novo an issue of subject matter jurisdiction. Goodman ex. rel.
    Goodman v. Sipos, 
    259 F.3d 1327
    , 1331 (11th Cir. 2001). Under the Rooker-
    Feldman doctrine, an inferior federal court lacks subject matter jurisdiction to
    review either a final judgment of a state court or issues “inextricably intertwined”
    with that judgment. District of Columbia Ct. of App. v. Feldman, 
    460 U.S. 462
    ,
    486, 
    103 S. Ct. 1303
    , 1317 (1983); Rooker v. Fidelity Trust Co., 
    263 U.S. 413
    ,
    415–16, 
    44 S. Ct. 149
    , 150 (1923). An issue is “inextricably intertwined” with a
    judgment of a state court when a complaint “succeeds only to the extent that the
    state court wrongly decided the issues before it.” Siegel v. LePore, 
    234 F.3d 1163
    ,
    1172 (11th Cir. 2000) (en banc).
    For Johnson to succeed, a federal court would have to find an error in the
    judgment of the state court. Johnson complains that prosecutors violated his rights
    when they submitted a proposed order that contained allegedly false statements and
    conspired to have a state judge sign that order. Johnson’s complaint about that
    2
    signed order could have been raised in the state courts. The district court correctly
    dismissed Johnson’s complaint based on the Rooker-Feldman doctrine.
    AFFIRMED.
    3
    

Document Info

Docket Number: 08-11589

Filed Date: 10/20/2008

Precedential Status: Non-Precedential

Modified Date: 4/18/2021