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USCA1 Opinion

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS


FOR THE FIRST CIRCUIT
____________________

No. 96-1564

CHUKWU E. AZUBUKO,

Plaintiff, Appellant,

v.

THE FIRST NATIONAL BANK OF BOSTON,


THEIR BOARD OF DIRECTORS,

Defendant, Appellee.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. George A. O'Toole, Jr., U.S. District Judge]

____________________

Before

Selya, Cyr and Boudin,


Circuit Judges.
______________

____________________

Chukwu E. Azubuko on Reply to Motion for Summary Disposition.


_________________

Robert L. Klivans on Motion for Summary Disposition for appelle


_________________

____________________

August 7, 1996
____________________

Per Curiam.
__________

from

Appellant

Chukwu E.

Azubuko appeals

the district court's dismissal of his complaint against

appellee First

National Bank of Boston.

Appellee has moved

for summary disposition of the

matter under Local Rule 27.1,

arguing

not

that the

questions.

present any

substantial

We agree.

1.

to

appeal does

confuse

Subject Matter Jurisdiction.


___________________________

personal
________

jurisdiction

over

Appellant appears

defendant

subject matter jurisdiction over a cause of action.


______________

latter type of

this context,

plainly

treaties

with

Only the

jurisdiction is in question in this case.

then, we

do not

of the

first note

"aris[e] under

United

the

States."

that appellant's

claims

Constitution, laws,

See
___

Rather, he is asserting state law claims.

28

U.S.C.

In

or

1331.

Under 28 U.S.C.

1332(a),

the

district

actions

where

the

different States."

court

has

controversy

jurisdiction

is

between

over

"citizens

such

of

Appellant does not dispute that defendant

is a citizen of Massachusetts.

For

"domicile."

1027, 1029

individuals,

citizenship

(1st Cir. 1988).

Domicile, in turn,

is a

of

Id.
___

resident of Massachusetts;

citizenship in any other jurisdiction.

citizen

equated

with

See Rodriguez-Diaz v. Sierra-Martinez, 853 F.2d


___ ______________
_______________

home and physical presence in a state.

that he

is

the

Commonwealth.

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See
___

requires a

Appellant states

he does

not claim

Thus, he is deemed a

id.
___

As

such,

the

controversy

is between

diversity missing, the

citizens

of

the

same
____

state

district court lacked subject

and,

matter

jurisdiction over the action.

2.

Review of State Court Judgments.


_______________________________

Appellant plainly

judgment

asserting.

against

The

him on

is

the

attacking

same

Rooker-Feldman

claim

doctrine

the

state

that he

prohibits

court

is

now

lower

______________

federal courts such

reviewing

as the district court and

state court

judgments.

See
___

this one from

Rooker v.
______

Fidelity
________

Trust Co., 263 U.S. 413 (1923); District of Columbia Court of


_________
_____________________________

Appeals v. Feldman, 460 U.S. 462 (1983).


_______
_______

Even if appellant's

federal claims never were presented in state court, they

"inextricably

intertwined"

with

that

judgment,

barring review by this or the district court.

Ross, 992 F.2d


____

460 U.S.

are

thereby

See Ritter v.
___ ______

750, 753-54 (7th Cir. 1993) (quoting Feldman,


_______

at 483

n.16) (internal

quotation marks

omitted),

cert. denied, 510 U.S. 1046 (1994).


____________

3.

Notice.
______

The district

court in its endorsement

granting

its

appellee's motion to dismiss gave three reasons for

actions.

Although succinct,

sufficient.

Given the

defendant's

memorandum

basic

we think

flaws in

explaining

the

that they

the complaint,

nature

of

were

and

the

jurisdictional flaw, appellant was adequately apprised of the

reasons for the dismissal.

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We therefore

summarily affirm the judgment


______

district court.

See Local R. 27.1.


___

proceed in forma

pauperis and without

moot.

of the

Appellant's motions to

briefs are denied


______

as

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