Ashby v. Polinsky
Ashby v. Polinsky
Opinion of the Court
SUMMARY ORDER
Appellant Enid Ashby, pro se, appeals the district court dismissal of her 42 U.S.C. § 1983 complaint for lack of subject matter jurisdiction pursuant to the Rook-er-Feldman doctrine. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
Here, the district court properly dismissed Ashby’s complaint under Rooker-Feldman. The record clearly shows that: (1) Ashby lost in New York state court; (2) the underlying injury she complained of was the foreclosure on her property caused by the state court order; (3) she challenged the validity of that proceeding, and requested that the district court find that the state court order was unconstitutional; and (4) she filed her complaint after the state court order had been entered. Accordingly, because all four factors were satisfied, the district court lacked subject matter jurisdiction over Ashby’s complaint.
For the foregoing reasons, the judgment of the district court is hereby AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.