Donald M. Leake v. John A.c. Keith

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
DONALD M. LEAKE,
Plaintiff-Appellant,
v. No. 99-2569
JOHN A.C. KEITH,
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Virginia, at Harrisonburg.
B. Waugh Crigler, Magistrate Judge.
(CA-99-65-5)
Submitted: March 14, 2000
Decided: March 28, 2000
Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges.
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Affirmed by unpublished per curiam opinion.
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COUNSEL
Donald M. Leake, Appellant Pro Se. Edward Meade Macon, OFFICE
OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Vir-
ginia, for Appellee.
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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
Donald Leake appeals the magistrate judge's order dismissing as
frivolous his civil action alleging libel and malicious prosecution, and
granting Defendant John Keith's motion for sanctions pursuant to
Fed. R. Civ. P. 11(c).* We have reviewed the district court record and
the pleadings filed in this court and find that the appeal is meritless.
Accordingly, we affirm.
As the magistrate judge correctly concluded, the complaint was
barred by collateral estoppel and the Rooker-Feldman doctrine. See
Migra v. Warren City Sch. Dist., 465 U.S. 75, 83-85 (1984); District
of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 476 (1983);
Rooker v. Fidelity Trust Co., 263 U.S. 413, 416 (1923). Further,
Leake's claims were essentially state law claims, but there was no
diversity of citizenship. See 28 U.S.C.A.§ 1332 (West 1993 & Supp.
1999). To the extent that the action could be construed as one under
42 U.S.C.A. § 1983 (West Supp. 1999), the claims against Keith are
not cognizable because they are based solely on a respondeat superior
theory. See Monell v. Department of Social Servs., 436 U.S. 658, 693-
94 (1978). Finally, the magistrate judge did not abuse his discretion
in awarding sanctions under Fed. R. Civ. P. 11. Cooter & Gell v.
Hartmarx Corp., 496 U.S. 384, 405 (1990); Blue v. United States
Dep't of Army, 914 F.2d 525, 538-39 (4th Cir. 1990).
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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*The parties consented to the jurisdiction of the magistrate judge pur-
suant to 28 U.S.C.A. § 636(c) (West 1993 & Supp. 1999).
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