Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Steven Alan Magritz v. Ozaukee County

August 30, 2012

STEVEN ALAN MAGRITZ, PLAINTIFF,
v.
OZAUKEE COUNTY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Signed: Emmet G. Sullivan United States District Judge

MEMORANDUM OPINION

Plaintiff Steven Alan Magritz filed this action on May 15, 2012 against forty-three defendants that include Ozaukee County, Wisconsin, the Ozaukee County Sherriff's Office, and various public employees, including judges, a district attorney, a register of deeds, and a parks commissioner. Plaintiff's claims relate to the foreclosure of plaintiff's land in the State of Wisconsin in 2001 as a result of plaintiff's failure to pay approximately $30,000 in taxes. Upon consideration of two motions to dismiss filed by the defendants and upon the Court's sua sponte review, the Court finds that it lacks subject matter jurisdiction over plaintiff's claims under the Rooker-Feldman doctrine. Accordingly, defendants' motions to dismiss are hereby GRANTED.

I. BACKGROUND

A. Prior Litigation

In 2001, a state court in Wisconsin entered a judgment of foreclosure against plaintiff's property for failure to pay property taxes. See Order Authorizing Entry of Judgment, No. 01-CV-58-B3 (Ozaukee Cnty., Wis., Aug. 8, 2001), ECF No. 9-5. Following the foreclosure of his property, plaintiff retaliated against thirty-six Ozaukee County officials by filing involuntary bankruptcy petitions and other fraudulent legal documents against them, including false liens alleging those officials owed him $15 million. Dan Benson, Judge Denies Man's Plea to Toss Out Foreclosure Ruling, Milwaukee J. Sentinel, Nov. 6, 2007.*fn1

Plaintiff was convicted of criminal slander of title and sentenced to five years in prison. Amy Karon, Lien Machines: Sovereign citizens in Wisconsin make their marks on easily manipulated state system, Wis. L. J., July 20, 2012. After he was released from prison in 2007, plaintiff filed a petition to overturn the 2001 foreclosure of his property, arguing that Ozaukee County had no jurisdiction over the foreclosure. Benson, Judge Denies Man's Plea, supra. The Honorable Andrew T. Gonring, currently named as a defendant in this case, held that plaintiff's petition was filed several years too late, and dismissed the petition. Id.

Also in 2007, plaintiff filed an action in the United States District Court for the District of Wisconsin before the Honorable Charles N. Clevert, Jr. In that case, Mr. Magritz alleged substantially similar claims to those alleged in this action, including that his property had been taken from him in violation of the Constitutions of the United States and the State of Wisconsin. On June 8, 2009, Judge Clevert ruled that the majority of plaintiff's claims sought to challenge the Wisconsin state court judgment of foreclosure and were accordingly barred by the Rooker-Feldman doctrine, under which lower federal courts lack subject matter jurisdiction to review state court judgments. See Decision and Order Granting Leave to Proceed In Forma Pauperis and Dismissing Case, Magritz v. Ozaukee County, et al., No. 07-cv-0714 (E.D. Wis. 2007), ECF No. 9-3. Judge Clevert declined to maintain supplemental jurisdiction over several remaining state law claims.

On December 14, 2011, Ozaukee County was granted an injunction against further harassment of its employees by plaintiff. See Injunction-Harassment, No. 11-CV-0773 (Ozaukee Cnty., Wisc., Dec. 14, 2011), ECF No. 9-4. The Order, which is effective until December 14, 2015, states that Mr. Magritz "may not file fraudulent legal proceedings in any Court against any county employee, official or supervisor."

B. Current Litigation

1. Motions to Dismiss

On May 15, 2012, plaintiff filed this action against forty-three defendants that include Ozaukee County, Wisconsin, the Ozaukee County Sherriff's Office, and various public employees, including judges, a district attorney, a register of deeds, and a parks commissioner. Plaintiff alleges, inter alia, that these defendants violated his rights under the federal and Wisconsin State Constitutions by taking his property without just compensation.

On June 27, 2012, forty defendants moved to dismiss. See Defs.' June 27, 2012 Mot. to Dismiss, ECF No. 9 ("June 27 Motion to Dismiss"). Defendants argue that this Court lacks subject matter jurisdiction over the claims under the Rooker-Feldman doctrine because plaintiff's claims relate to a 2001 state court judgment foreclosing upon plaintiff's property. Defendants also allege that the court lacks personal jurisdiction over the defendants, who are Wisconsin state employees and reside in Wisconsin. Defendants further argue that venue is improper in this Court and that plaintiff has failed to state a claim for which relief can be granted.

On June 29, 2012, this Court issued a Fox/Neal Order advising plaintiff of the June 27 motion to dismiss and explaining his obligation to respond to the motion. The Order directed plaintiff to respond to the motion to dismiss by no later than July 23, 2012.

On July 6, 2012, a motion to dismiss was filed by the remaining three defendants: Ozaukee ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.