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Izazaga v. Fleming

United States District Court, Western District of Kentucky, Paducah Division

March 18, 2015

ISRAEL TOLEDO IZAZAGA, PLAINTIFF
v.
JUDGE JASON S. FLEMING, DEFENDANT

MEMORANDUM OPINION

GREG N. STIVERS, JUDGE

This matter is before the Court on Defendant’s Motion to Dismiss. (DN 6). This motion is ripe for a decision, and for the reasons stated below, the Court GRANTS Defendant’s Motion.

I. BACKGROUND

Plaintiff Israel Toledo Izazaga (“Izazaga”) is a party to a dependency/neglect/abuse case pending before Defendant Judge Jason S. Fleming (“Judge Fleming”) in Christian County Family Court. (Compl., DN 1). Plaintiff’s daughter, MGT, is in foster care. (Compl., DN 1). Following allegations of abuse of MGT by Plaintiff, Judge Fleming revoked Izazaga’s visitation and imposed a judgment of a $5, 000.00 fine if Plaintiff violated that order. (Compl., DN 1). Plaintiff missed an earlier court date and alleges that absence, along with a discussion between Judge Fleming and a sheriff, is why visits were suspended. (Compl., DN 1).

Izazaga filed this lawsuit alleging that Judge Fleming denied him visitation for over a year even after he paid his child support arrearages. (Compl., DN 1). Plaintiff asserts that Judge Fleming is abusing Izazaga’s civil rights and the rights of MGT by not returning her to his custody. (Compl., DN 1). Plaintiff seeks an order granting him custody of MGT and a $1, 000, 000.00 judgment against Judge Fleming. (Compl., DN 1).

Judge Fleming has moved to dismiss all claims asserted against him arguing that judicial immunity, sovereign immunity, the Rooker-Feldman doctrine, the domestic relations exception, and the Younger doctrine all bar the Court from hearing this matter. (DN 6). Izazaga did not file a timely response to the motion. The motion is thus ripe for ruling.

II. JURISDICTION

The Court construes Plaintiff’s claim as arising pursuant to 42 U.S.C. § 1983, a federal law. This Court has “original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331.

III. STANDARD OF REVIEW

Motions pursuant to Fed.R.Civ.P. 12(b)(6) require the Court “to construe the complaint in the light most favorable to the plaintiff, accept all of the complaint’s factual allegations as true, and determine whether the plaintiff undoubtedly can prove no set of facts in support of the claims that would entitle relief.” Grindstaff v. Green, 133 F.3d 416, 421 (6th Cir. 1998).

IV. DISCUSSION

A. Failure to Respond to Defendant’s Motion

The Sixth Circuit has held that, “if a plaintiff fails to respond or to otherwise oppose a defendant’s motion, then the district court may deem the plaintiff to have waived opposition to the motion.” Scott v. State of Tenn, 878 F.2d 382, at *2 (6th Cir. 1989) (table) (affirming a grant of an unopposed motion to dismiss). For that reason alone, the Court could grant ...


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