Jaoude v. Hannah

14-1611 Jaoude v. Hannah UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Thurgood Marshall United 3 States Courthouse, 40 Foley Square, in the City of New York, 4 on the 22nd day of December, two thousand fourteen. 5 6 PRESENT: RALPH K. WINTER, 7 DENNIS JACOBS, 8 BARRINGTON D. PARKER, 9 Circuit Judges. 10 11 - - - - - - - - - - - - - - - - - - - -X 12 MARIA L. JAOUDE, 13 Plaintiff-Appellant, 14 15 -v.- 14-1611 16 17 MATTHEW E. HANNAH, TIME WARNER CABLE, 18 RITA J. BIONDI, 19 Defendants-Appellees. 20 - - - - - - - - - - - - - - - - - - - -X 21 22 FOR APPELLANT: MARIA L. JAOUDE, pro se, 23 Buffalo, New York. 24 25 FOR APPELLEES MATTHEW E. 26 HANNAH AND TIME WARNER 27 CABLE: A. VINCENT BUZARD, Harris Beach 28 PLLC, Pittsford, New York. 1 1 FOR APPELLEE RITA J. 2 BIONDI: MICHAEL T. HAGELIN, Hagelin 3 Kent, LLC, Buffalo, New York. 4 5 Appeal from a judgment of the United States District 6 Court for the Western District of New York (Telesca, J.). 7 8 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED 9 AND DECREED that the judgment of the district court be 10 AFFIRMED. 11 12 Appellant Maria L. Jaoude, pro se, appeals from the 13 order of the United States District Court for the Western 14 District of New York (Telesca, J.), dismissing the case for 15 lack of subject matter jurisdiction. We assume the parties’ 16 familiarity with the underlying facts, the procedural 17 history, and the issues presented for review. 18 19 We review de novo a district court’s dismissal of an 20 action for lack of subject matter jurisdiction, including 21 dismissals under the Rooker-Feldman doctrine. Hoblock v. 22 Albany Cnty. Bd. of Elections, 422 F.3d 77, 83 (2d Cir. 23 2005). Under the Rooker-Feldman doctrine, federal courts 24 lack subject matter jurisdiction to review “cases brought by 25 state-court losers complaining of injuries caused by state 26 court judgments rendered before the district court 27 proceedings commenced and inviting district court review and 28 rejection of those judgments.” Exxon Mobil Corp. v. Saudi 29 Basic Indus. Corp., 544 U.S. 280, 284 (2005); see also 30 Hoblock, 422 F.3d at 85. 31 32 The district court properly dismissed the case for lack 33 of subject matter jurisdiction both under the Rooker-Feldman 34 doctrine and under 28 U.S.C. § 1332(a). Accordingly, we 35 affirm for the reasons stated by the district court. 36 37 For the foregoing reasons, and finding no merit in 38 Jaoude’s other arguments, we hereby AFFIRM the judgment of 39 the district court. 40 41 FOR THE COURT: 42 CATHERINE O’HAGAN WOLFE, CLERK 43 44 2