Schachter v. Brown
Schachter v. Brown
Opinion of the Court
SUMMARY ORDER
Irving Schachter appeals from the judgment entered in the United States District Court for the Eastern District of New York (Ross, J.), dismissing his complaint
The complaint is frivolous, whether reviewed de novo or for abuse of discretion. Fitzgerald v. First E. Seventh St. Tenants Corp., 221 F.3d 362, 363-64 & n. 2 (2d Cir. 2000) (per curiam). “A complaint will be dismissed as ‘frivolous’ when ‘it is clear that the defendants are immune from suit.’ ” Montero v. Travis, 171 F.3d 757, 760 (2d Cir. 1999) (quoting Neitzke v. Williams, 490 U.S. 319, 325, 327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989)). In addition, for the reasons substantially stated by the district court, the Rooker-Feldman doctrine precludes subject matter jurisdiction over this claim. See Moccio v. New York State Office of Court Admin., 95 F.3d 195, 198 (2d Cir. 1996); see also Fed. R.Civ.P. 12(h)(3) (“Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.”).
For the foregoing reasons, the judgment of the district court is hereby AFFIRMED.
Reference
- Full Case Name
- Irving SCHACHTER v. Pam B. Jackman BROWN
- Status
- Published