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Warren v. McGeough

United States District Court, M.D. North Carolina

April 16, 2015

TINIKA WARREN, Plaintiff,
v.
LETITIA McGEOUGH, and GARY SCALES, Defendants.

MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

JOE L. WEBSTER, Magistrate Judge.

This matter is before the Court on Defendant Letitia McGeough's motion to dismiss the complaint. (Docket Entry 24.) The motion has been fully briefed and the matter is ripe for disposition. For the reasons that follow, the undersigned recommends that Defendant's motion be granted, and that this action be dismissed for insufficient service of process, lack of personal jurisdiction, lack of subject-matter jurisdiction under the Rooker-Feldman doctrine, and for failure to state a claim upon which relief can be granted. Additionally, because Defendant Gary Scales has never been properly served, it is recommended that the action be dismissed as to him based on Plaintiffs failure to prosecute.

I. FACTUAL AND PROCEDURAL BACKGROUND

On December 23, 2013, Plaintiff Tinika Warren filed her complaint in this Court against Letitia McGeough, Gary Scales, and Judge Susan Bray, alleging violations of her civil rights pursuant to various federal statutes, seeking damages in the amount of $2, 000, 000. ( See Compl., Docket Entry 2.) The complaint has already been dismissed as to Judge Bray. ( See Judgment, Docket Entry 31.)

According to the complaint and attachments thereto, this action arises from state district court proceedings involving Plaintiff, specifically child support and custody proceedings, and a domestic violence protective order proceeding, or "50B" proceeding. It appears undisputed that Defendant McGeough, an attorney at Legal Aid of North Carolina, represented Defendant Scales' and Plaintiffs minor son in the state court proceedings. ( See Def.'s Mem. at 2, Docket Entry 25.)

Plaintiff alleges that Defendant[s]:

1) Took my parental rights without cause and outside my jurisdiction.
2) Knowingly heard the cause after I made the courts aware that they did not have jurisdiction and after I told her I have all "Legal Power over my child", [minor child's name].
3) I was alienated from child.
4) Child was alienated from me [and] his sister.
5) [Minor child's name] was held outside the DeKalb, County Georgia jurisdiction against my parental rights and human rights [and] civil rights.
6) Due process wasn't handled [sic][.]
7) Wrote false statement on court documents that is [sic] harmful to my character.

(Compl., Docket Entry 2 at 2.) These allegations, for the most part, appear to be directed at Judge Bray, who has already been dismissed from this action; there are no specific allegations in the complaint ...


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