Chamberlain v. Court of Appeals ( 2004 )


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  •                                                         United States Court of Appeals
    Fifth Circuit
    FILED
    IN THE UNITED STATES COURT OF APPEALS        June 22, 2004
    FOR THE FIFTH CIRCUIT
    Charles R. Fulbruge III
    Clerk
    No. 03-41470
    Conference Calendar
    MARGARET CHAMBERLAIN,
    Plaintiff-Appellant,
    versus
    COURT OF APPEALS, Ninth District, Jefferson County,
    Texas (Beaumont); ALFRED S. GERSON, Judge at County
    Court at Law No. 1, Jefferson County, Texas (Beaumont,
    Texas); GENERAL MOTORS ACCEPTANCE CORPORATION,
    Defendants-Appellees.
    --------------------
    Appeal from the United States District Court
    for the Eastern District of Texas
    USDC No. 1:03-CV-340
    --------------------
    Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
    PER CURIAM:*
    Margaret Chamberlain appeals the district court’s dismissal
    for lack of subject matter jurisdiction of her 42 U.S.C. § 1983
    lawsuit asserting constitutional violations arising out of the
    way her state-court lawsuit was processed.    A district court’s
    dismissal for lack of subject matter jurisdiction is reviewed
    de novo.   See Williams v. Dallas Area Rapid Transit, 
    242 F.3d 315
    , 318 (5th Cir. 2001).
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that
    this opinion should not be published and is not precedent except
    under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
    No. 03-41470
    -2-
    Chamberlain renews her argument that the district court had
    jurisdiction to review her claims of constitutional deprivations
    under 28 U.S.C. § 1331, under the Fifth, Seventh, and Fourteenth
    Amendments, and under 42 U.S.C. § 1983.   She also contends that
    the district court had jurisdiction under FED. R. CIV. P. 60(b)
    because the state-court judgment was void.    This court will not
    consider this newly raised argument.   See Stewart Glass & Mirror,
    Inc. v. U.S. Auto Glass Discount Centers, Inc., 
    200 F.3d 307
    ,
    316-17 (5th Cir. 2000).
    Chamberlain’s complaint is inextricably intertwined with the
    merits of her state-court suit, and examination of her claims of
    constitutional deprivations would require the district court to
    examine the validity of the state courts’ rulings.    Accordingly,
    the complaint was properly dismissed for lack of subject matter
    jurisdiction.   See District of Columbia Court of Appeals v.
    Feldman, 
    460 U.S. 462
    , 476, 482 (1983); Rooker v. Fidelity
    Trust Co., 
    263 U.S. 413
    , 415 (1923); see also United States v.
    Shepherd, 
    23 F.3d 923
    , 924 (5th Cir. 1994).   The district court’s
    judgment is AFFIRMED.
    

Document Info

Docket Number: 03-41470

Judges: Barksdale, Demoss, Clement

Filed Date: 6/22/2004

Precedential Status: Non-Precedential

Modified Date: 11/5/2024