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Wilson v. Dows

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


September 30, 2009

TONY A. WILSON, PLAINTIFF
v.
MARK S. DOWS, DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 30th day of September, 2009, upon consideration of the report of the magistrate judge (Doc. 43), to which plaintiff filed objections (Doc. 45), and which recommends that the above-captioned case be dismissed in its entirety for lack of subject matter jurisdiction,*fn1 see FED. R. CIV. P. 12(h)(3), and, following an independent review of the record, it appearing that plaintiff's complaint is largely focused upon the alleged harm he suffered as a result of prior state-court judicial proceedings,*fn2 that plaintiff's personal-injury claims are barred on jurisdictional grounds pursuant to Federal Rule of Civil Procedure 12(h)(3) and the Rooker- Feldman Doctrine,*fn3 and that to the extent plaintiff asserts a general constitutional challenge to Pa. B.A.R. 213(a) of the Pennsylvania Bar Admission Rules, his claim is inextricably intertwined with the above-referenced prior state-court judicial proceeding,*fn4 it is hereby ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 34) is ADOPTED.

2. Plaintiff's complaint (Doc. 1) is DISMISSED pursuant to FED R. CIV. P. 12(h)(3). Leave to amend is denied as futile. See Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002).*fn5

3. The Clerk of Court is instructed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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