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621 F. App'x 360

Kidane Sante Shulbe v. State

U.S. Courts of Appeals

Decided November 6, 2015

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U.S. Courts of Appeals · decided 2015-11-06

Relies on District of Columbia Court of Appeals v. Feldman · Rooker v. Fidelity Trust Co. · Exxon Mobil Corp. v. Saudi Basic Industries Corp.

Decided 2015-11-06

PER CURIAM.

¶1 Kidane Shulbe appeals the district court’s 1 dismissal of his complaint, in which he sought relief from an order entered in a state-court case and he sought damages for injuries allegedly resulting from that order. He has also filed in this court a motion seeking the removal of judges who were involved in the state-court proceedings. The district court dismissed Shulbe’s complaint without prejudice upon concluding that, under the Rook-er-Feldman 2 doctrine, it lacked subject matter jurisdiction. Upon careful review of the record and Shulbe’s arguments on appeal, we conclude that the dismissal was proper. See Minch Family LLLP. v. Buffalo-Red, River Watershed Dist., 628 F.3d 960, 965 (8th Cir.2010) (de novo standard of review); see also Fed.R.Civ.P. 12(h)(3) (if court determines at any time that it lacks subject matter jurisdiction, court must dismiss action); Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 283-84, 125 S.Ct. 1517, 161 L.Ed.2d 454 (2005) (discussing Rooker-Feldman doctrine). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Shulbe’s pending motion.

1

¶2 , The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.

2

¶3 . See D.C. Ct.App. v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983); Rooker v. Fid. Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923).

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