Korelis v. New Jersey Judicial Officials in Court Process Action , 201 F. App'x 870 ( 2006 )


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  •                                                                                                                            Opinions of the United
    2006 Decisions                                                                                                             States Court of Appeals
    for the Third Circuit
    10-27-2006
    Korelis v. State of NJ Judicial
    Precedential or Non-Precedential: Non-Precedential
    Docket No. 05-1575
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    Recommended Citation
    "Korelis v. State of NJ Judicial" (2006). 2006 Decisions. Paper 286.
    http://digitalcommons.law.villanova.edu/thirdcircuit_2006/286
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    NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    Nos. 05-1575 and 05-4811
    CONSTANTINE KORELIS,
    Appellant
    v.
    STATE OF NEW JERSEY JUDICIAL
    OFFICIALS IN COURT PROCESS ACTION
    ______________________________________
    On Appeal from the United States District Court
    for the District of New Jersey
    (D.C. No. 04-cv-02701)
    District Judge: Honorable Jose L. Linares
    ______________________________________
    Submitted Under Third Circuit LAR 34.1(a)
    October 25, 2006
    Before: FISHER, ALDISERT and WEIS, CIRCUIT JUDGES.
    (Filed: October 27, 2006)
    OPINION
    PER CURIAM,
    Appellant, Constantine Korelis, appeals from the District Court’s order granting
    appellees’ motion to dismiss filed pursuant to Fed. R. Civ. P. 12(b)(1) and (6). We
    exercise plenary review over a District Court’s order dismissing a complaint under either
    Fed. R. Civ. P. 12(b)(1) or (6). See, e.g., In re Kaiser Group Int’l Inc., 
    399 F.3d 558
    , 561
    (3d Cir.2005); McDowell v. Delaware State Police, 
    88 F.3d 188
    , 189 (3d Cir. 1996). In
    an appeal from an order granting a motion to dismiss for lack of subject matter
    jurisdiction under Fed. R. Civ. P. 12(b)(1), “‘we review only whether the allegations on
    the face of the complaint, taken as true, allege facts sufficient to invoke the jurisdiction of
    the District Court.’” Turicentro, S.A. v. Am. Airlines Inc., 
    303 F.3d 293
    , 300 (3d
    Cir.2002) (quoting Licata v. U.S. Postal Serv., 
    33 F.3d 259
    , 260 (3d Cir.1994)). We will
    affirm a dismissal for failure to state a claim under Fed. R. Civ. P. 12(b)(6) if we can “say
    with assurance that under the allegations of the pro se complaint, which we hold to less
    stringent standards than formal pleadings drafted by lawyers, it appears ‘beyond doubt
    that the plaintiff can prove no set of facts in support of his claim which would entitle him
    to relief.’” 
    McDowell, 88 F.3d at 189
    (quoting Haines v. Kerner, 
    404 U.S. 519
    , 520
    (1972)). For essentially the same reasons given by the District Court, we will affirm the
    District Court’s order.
    In June 2004, Korelis filed the underlying pro se complaint pursuant to 42 U.S.C.
    § 1983 in the United States District Court for the District of New Jersey alleging that his
    due process rights were violated during state court civil proceedings. In a Memorandum
    Opinion and Order entered on January 21, 2005, the District Court granted the appellees’
    motion to dismiss the complaint, concluding, inter alia, that Korelis’ claims were barred
    by the Rooker-Feldman doctrine.1
    1
    The Rooker-Feldman doctrine embodies the principles set forth by the Supreme
    Court in Rooker v. Fidelity Trust Co., 
    263 U.S. 413
    (1923), and District of Columbia
    Court of Appeals v. Feldman, 
    460 U.S. 462
    (1983): “lower federal courts lack subject
    matter jurisdiction to engage in appellate review of state court determinations or to
    2
    Based on our independent review of this matter, we must agree with the District Court’s
    determination that Korelis’ complaint is barred by the Rooker-Feldman doctrine, which
    applies 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 Mobil Corp. v.
    Saudi Basic Indus. Corp., 
    544 U.S. 280
    , 284-85 (2005). Korelis is essentially attempting
    to challenge a 2002 state court decision granting summary judgment for Best Value Car
    Rental in a civil action he filed in the Superior Court of New Jersey, Bergen County.
    However, District Courts do not have jurisdiction over “challenges to state court
    decisions in particular cases arising out of judicial proceedings even if those challenges
    allege that the state court’s action was unconstitutional.” 
    Feldman, 460 U.S. at 486
    . See
    also FOCUS v. Allegheny County Court of Common Pleas, 
    75 F.3d 834
    , 840 (3d Cir.
    1996) (explaining that under the Rooker-Feldman doctrine, lower federal courts cannot
    entertain constitutional claims that are inextricably intertwined with a state adjudication).
    Granting Korelis the requested relief would be the equivalent of allowing him to use the
    federal courts as a forum to appeal state court judgments. Thus, Korelis’ complaint falls
    squarely within the Rooker-Feldman doctrine.
    Accordingly, we will affirm the District Courts order dismissing Korelis’
    complaint. Korelis’ motions to expand the record and file a supplemental appendix to
    evaluate constitutional claims that are ‘inextricably intertwined with the state court’s
    [decision] in a judicial proceeding.’” Marks v. Stinson, 
    19 F.3d 873
    , 885 n.11 (3d Cir.
    1994)(quoting Port Auth. PBA v. Port Auth. of New York & New Jersey, 
    973 F.2d 169
    ,
    177 (3d Cir. 1992)).
    3
    include a copy of transcripts from a proceeding conducted on October 31, 2005 in the
    Civil Court of the State of New York, Housing Court, are denied. All documents that
    were filed in the District Court and are needed to decide this appeal have been provided.
    Further, with respect to Korelis’ motion seeking review of the Clerk’s Orders dated
    May 9, May 23, and June 23, 2006, we find no reason to disturb the Clerk’s Orders.
    4