Legal Opinion

Lewis v. West Virginia Supreme Court of Appeals

District Court, S.D. West Virginia

Decided December 5, 2013No. Civil Action No. 2:13-cv-13110PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, District Judge.

The plaintiff in this case disagrees with a decision by the Supreme Court of Appeals of West Virginia (“SCAWV”) and asks this court to declare that decision unconstitutional and enjoin its enforcement. But the plaintiff cannot sue the SCAWV or its justices because the plaintiff disagrees with its decision. If the plaintiff disagrees with a SCAWV decision, she may file a petition for a writ of certiorari with the United States Supreme Court. She did that. Accordingly, for bringing this lawsuit when it is clearly barred by the…

2Cases cited22 opinions

  1. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  2. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  3. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  4. Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
  5. McBurney v. CuccinelliCourt of Appeals for the Fourth Circuit · 2010

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3Cited by1 opinion

  1. WILLIAMS v. THE ESTATES LLCDistrict Court, M.D. North Carolina · 2023

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