Tobia Ippolito v. Lisa Ippolito
Tobia Ippolito v. Lisa Ippolito
Opinion
BLD-271 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________
No. 18-1034 ___________
TOBIA IPPOLITO, Appellant
v.
LISA IPPOLITO; THOMAS J. CRITCHLEY, JR., J.S.C., in Official Capacity as Judge of Superior Court, and Individual Capacity; MICHAEL E. HUBNER, J.S.C., in Official Capacity as Judge of Superior Court, and Individual Capacity; PHILLIP J. MAENZA, J.S.C., in Official Capacity as Judge of Superior Court, and Individual Capacity; SEBASTIAN M. CICITTA; LUCILLE A. CICITTA; WILLIAM LAUFER, ESQ.; LAUFER, DALENA, CADICINA, JENSEN & BOYD, LLC the firm ____________________________________
On Appeal from the United States District Court for the District of New Jersey (D.N.J. Civil Action No. 2:16-cv-00531) District Judge: Honorable Jose L. Linares ____________________________________
Submitted for Possible Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 September 5, 2019 Before: AMBRO, KRAUSE, and PORTER, Circuit Judges
(Opinion filed: September 11, 2019) _________
OPINION*
* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PER CURIAM
Pro se appellant Tobia Ippolito appeals from the District Court’s denial of a
“motion for relief from judgment” he filed, citing Federal Rule of Civil Procedure
60(b)(4) and 60(b)(6). In January 2016, Ippolito initiated an action in the District Court
relating to a then-pending state court matter. In February 2016, the District Court denied
Ippolito’s requests for intervention in the state court matter and dismissed his claims.
Nearly two years later, Ippolito filed a motion in the District Court citing Rule
60(b). In his motion, Ippolito solely requested that several state court judgments entered
against him be vacated. The District Court denied his motion, and Ippolito timely
appealed.1
The District Court did not err in denying Ippolito’s motion. Although Ippolito
cited Rule 60(b)(6) and 60(b)(6) in his motion, he did not demonstrate that he was
entitled to relief from the District Court’s earlier ruling because the judgment was void or
for any other reason. Further, as the District Court concluded, to the extent that Ippolito
requested in his motion that the District Court vacate state court judgments entered
1 We have jurisdiction over this appeal pursuant to
28 U.S.C. § 1291. See Ohntrup v. Firearms Ctr., Inc.,
802 F.2d 676, 678(3d Cir. 1986) (per curiam) (“[M]ost post judgment orders are final decisions within the ambit of
28 U.S.C. § 1291as long as the district court has completely disposed of the matter.”) (citation omitted). Generally, we review orders denying Rule 60(b) motions for abuse of discretion, but we exercise plenary review over orders granting or denying relief under Rule 60(b)(4). See Budget Blinds, Inc. v. White,
536 F.3d 244, 251 & n.5 (3d Cir. 2008). We may summarily affirm a district court’s decision “on any basis supported by the record” if the appeal fails to present a substantial question. See Murray v. Bledsoe,
650 F.3d 246, 247(3d Cir. 2011) (per curiam). 2 against him, the Rooker-Feldman doctrine bars a losing state-court party “from seeking
what in substance would be appellate review of [a] state judgment in a United States
district court.” See Johnson v. De Grandy,
512 U.S. 997, 1005-06(1994); see also Exxon
Mobil Corp. v. Saudi Basic Indus. Corp.,
544 U.S. 280, 284(2005) (explaining that the
Rooker-Feldman doctrine bars district courts from reviewing and rejecting unfavorable
state court judgments). Accordingly, we will summarily affirm the judgment of the
District Court.2
2 Ippolito has requested declaratory relief on appeal relating to state court rulings that were entered against him, as discussed above. In light of our disposition, his request is denied. 3
Reference
- Status
- Unpublished