USCA1 Opinion
June 23, 1993
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 93-1519
MARY SEUFERT FISCHER,
Plaintiff, Appellant,
v.
PHILLIP A. ROLLINS,
Defendant, Appellee.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Rya W. Zobel, U.S. District Judge]
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Before
Breyer, Chief Judge,
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Selya and Boudin, Circuit Judges.
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Mary Seufert Fischer on various motions pro se.
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Per Curiam. Plaintiff has appealed from an order
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denying in forma pauperis status. The appeal is timely.
Fiore v. Washington County Community Mental Health Center,
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960 F.2d 229, 234-35 (1st Cir. 1992).
We bypass the question whether plaintiff's
financial condition qualified her for in forma pauperis
status1 because we conclude that plaintiff's complaint
"lacks an arguable basis either in law or in fact." Neitzke
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v. Williams, 490 U.S. 319, 325 (1989). Consequently,
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plaintiff's action should be dismissed as frivolous under 28
U.S.C. 1915(d). We explain briefly.
Plaintiff is not entitled to relief on her claim
for damages against state court judges. Stump v. Sparkman,
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435 U.S. 349 (1978); Pierson v. Ray, 386 U.S. 547 (1967)
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(absolute judicial immunity). Plaintiff's allegations that
defendants deprived her of a jury trial or otherwise acted
improperly during the course of state court proceedings
constitute, in substance, a collateral attack on the state
court proceedings, which a lower federal court lacks
jurisdiction to entertain. Rooker v. Fidelity Trust Co., 263
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U.S. 413 (1923); Lancellotti v. Fay, 909 F.2d 15, 17 (1st
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1. We note, however, that while the face of plaintiff's
financial affidavit suggested she owned a $165,000 home with
significant furnishings and had no debts or dependents, other
filings indicate that plaintiff lives in a shelter, has lost
the home and furnishings, and has very limited financial
resources.
Cir. 1990). Plaintiff's Fourth Amendment claim is barred by
the statute of limitations. Wilson v. Garcia, 471 U.S. 261
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(1985); Mass. G.L. ch. 260, 2A (3-year statute of
limitations). Plaintiff's challenge to the constitutionality
of state statutes omitting the names of presidential electors
from the ballot is legally meritless. Article two, section
one of the Constitution authorizes a state legislature to
determine how presidential electors shall be appointed and
does not require the electors' names to appear on the ballot
if the names of the candidates for president and vice-
president are on the ballot. Hawke v. Myers, 132 Ohio St.
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18, 4 N.E.2d 397 (1936). And plaintiff's contract action
against her ex-husband must be dismissed for lack of
diversity jurisdiction.
The order denying in forma pauperis status is
summarily vacated pursuant to First Circuit Rule 27.1 and the
case is remanded to the district court with directions to
dismiss the action as frivolous under 28 U.S.C. 1915(d).
Appellant's motion to correct record and suspend rules is
denied.
Vacated and remanded.
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