Armstrong v. Lebowitz
Armstrong v. Lebowitz
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the decision of said district court be and it hereby is AFFIRMED.
Plaintiff-Appellant, Raymond Armstrong, pro se, in forma pauperis and incarcerated, appeals a district court judgment sua sponte dismissing his complaint under 28 U.S.C. § 1915(e)(2) as barred under Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).
We confirm the judgment of the district court but on the ground that the district court lacked subject matter jurisdiction. Before proceeding, we note, “lack of subject matter jurisdiction ... may be raised at any time ... sua sponte by the court.” Moccio v. New York State Office of Court Admin., 95 F.3d 195, 198 (2d Cir. 1996).
During the course of Armstrong’s appeal of his § 440.10 motions, the state court addressed and resolved the Fourth Amendment claims alleged in his § 1983 complaint. Armstrong, 267 A.D.2d at 121, 700 N.Y.S.2d at 150. The Rooker-Feld-man doctrine bars the district court from reviewing the state court’s decision. See Moccio, 95 F.3d at 197 (“[Ijnferior federal courts have no subject matter jurisdiction over cases that effectively seek review of judgments of state courts and that federal review, if any, can occur only by way of a certiorari petition to the Supreme Court.”); see also Gentner v. Shulman, 55 F.3d 87, 89 (2d Cir. 1995) (“Under [the Rooker-Feldman] doctrine, federal district courts lack jurisdiction to review state court decisions ____”) (citing Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923); District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).
Rooker-Feldman bars subsequent litigation of a claim where principles of preclusion apply. Rivers v. McLeod, 252 F.3d 99, 101 (2d Cir. 2001) (citing Moccio, 95 F.3d at 199 200). Since the state court actually and necessarily decided Armstrong’s Fourth Amendment claims, and he had a full and fair opportunity to litigate those issues in the state proceeding, claim preclusion applies. See Moccio, 95 F.3d at 200 (citation omitted). Therefore, the Rooker-Feldman doctrine applies to this case.
The district court did not err in rejecting Armstrong’s claim and we affirm its judgment.
For the reasons set forth above, the judgment of the district court is AFFIRMED.
. On June 1, 2000, we ordered counsel appointed to brief whether footnote 7 in Heck creates an exception to the requirement that
Reference
- Full Case Name
- Raymond ARMSTRONG, also known as Rhamed Armstrong v. Jeffrey D. LEBOWITZ, Justice, (Individual Capacity), Richard F. Biglin, Detective 740, (Individual and Official Capacity) and New York City, (As a Municipality, Respondeat Superior)
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