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Posts by Jeff Nye

Thanks! It was all so thrilling to watch.

12 hours ago 1 0 0 0

And saw this white-tailed eagle in Scotland last week!
bsky.app/profile/jeff...

12 hours ago 1 0 1 0
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Saw this one pluck a fish out of Lake Michigan. Gull not happy about it

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I've seen bald eagles fishing a few times and that is pretty thrilling. Got very close to this one, near my home in SW Ohio

12 hours ago 1 0 1 0

Love it! I've seen osprey fish only a few times, and they were doing it like pelicans--straight down, smack the water to grab and stun the prey, then sit on it for a minute before flying off

12 hours ago 1 0 1 0

Was it hunting by snatching the fish out of the water and flying on, or by the dive-bomb-and-sit method?

12 hours ago 0 0 1 0

Thanks for the refresher on all this

13 hours ago 9 0 1 1
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I bet there are going to be a LOT of 12/12s on that

18 hours ago 0 0 0 0

I screwed one up. So mad at myself

18 hours ago 0 0 1 0

Brown thrasher sounds so much better than it looks

19 hours ago 1 0 1 0

For your consideration
bsky.app/profile/most...

2 days ago 1 0 0 0

I don't think "counsel of record" in this kind of filing usually means "the attorney with ultimate responsibility for the matter," which I think is what the OP was suggesting (and definitely what our Supreme Court Practice Rules mean by the term)

2 days ago 2 0 0 0

Stephen is (of course) right about how our appellate courts use "counsel of record," but I think in the context of an affidavit like this the term just means "one of the attorneys representing them *in this litigation*" (as opposed to an attorney for them on some other matter).

2 days ago 2 0 1 0
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Today's #TenMinMerlin has no real surprises, but man—suddenly yellow-throated warbler are *everywhere*! I have heard four more while typing this skeet!

Clear, calm, and warm (70F) in Cincinnati, Ohio,USA this morning

2 days ago 2 0 0 0
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Gonna be a long day for @transactionbot.bsky.social

2 days ago 6 2 0 0
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I feel obligated to say that the court came up with the "inextricably intertwined" part itself - it was not in my brief!

2 days ago 0 0 1 0

concur - though it seems odd to describe a crime of "desecrating a monument to women forced into sexual slavery during World War II" as "pulling stunts online"

2 days ago 18 3 1 0
Donathan argue that Klosterman’s claims are barred by the Rooker-Feldman doctrine. (Doc. 53
at PageID 516–517; Doc. 54 at PageID 529–531; Doc. 55-1 at PageID 783–785.) The Rooker-
Feldman doctrine precludes lower federal courts “from exercising appellate jurisdiction over
final state-court judgments.” Lance v. Dennis, 546 U.S. 459, 463 (2006). The doctrine also
prohibits district courts from exercising jurisdiction over interlocutory state court judgments, see
RLR Invs., LLC v. City of Pigeon Forge, Tenn., 4 F.4th 380, 396 (6th Cir. 2021), and claims that
are “inextricably intertwined with issues decided in state court opinions[,]” Exec. Arts Studio,
Inc. v. City of Grand Rapids, 391 F.3d 783, 793 (6th Cir. 2004) (internal quotation and citation
omitted). “A federal claim is inextricably intertwined with a state court judgment and thus
implicates Rooker-Feldman when the federal claim succeeds only to the extent that the state
court wrongly decided the issues before it.” Exec. Arts Studio, Inc., 391 F.3d at 793 (internal
quotation and citation omitted). Put differently, Rooker-Feldman applies if “the source of the
plaintiff’s injury is the state-court judgment itself.” Kost v. Hoseth Kreeger, 832 F. App’x 438,
439 (6th Cir. 2021).
Defendants argue that Rooker-Feldman precludes this Court from exercising jurisdiction
over the Amended Complaint because the gravamen of Klosterman’s claims is that Defendants
conspired to use a court-appointed receivership to wrongfully deprive him of properties worth
more than $4.5 million. Klosterman does not meaningfully respond to their arguments—he only
asserts in conclusory fashion that Rooker-Feldman does not apply when Defendants commit
crimes in state court proceedings. (Doc. 59 at PageID 1360.)7 As explained immediately below,
7 Although Klosterman has not clearly asserted the issue nor provided legal analysis on it, the Court notes that the
extrinsic fraud exception to Rooker-Feldman does not apply. There is an exception to the…

Donathan argue that Klosterman’s claims are barred by the Rooker-Feldman doctrine. (Doc. 53 at PageID 516–517; Doc. 54 at PageID 529–531; Doc. 55-1 at PageID 783–785.) The Rooker- Feldman doctrine precludes lower federal courts “from exercising appellate jurisdiction over final state-court judgments.” Lance v. Dennis, 546 U.S. 459, 463 (2006). The doctrine also prohibits district courts from exercising jurisdiction over interlocutory state court judgments, see RLR Invs., LLC v. City of Pigeon Forge, Tenn., 4 F.4th 380, 396 (6th Cir. 2021), and claims that are “inextricably intertwined with issues decided in state court opinions[,]” Exec. Arts Studio, Inc. v. City of Grand Rapids, 391 F.3d 783, 793 (6th Cir. 2004) (internal quotation and citation omitted). “A federal claim is inextricably intertwined with a state court judgment and thus implicates Rooker-Feldman when the federal claim succeeds only to the extent that the state court wrongly decided the issues before it.” Exec. Arts Studio, Inc., 391 F.3d at 793 (internal quotation and citation omitted). Put differently, Rooker-Feldman applies if “the source of the plaintiff’s injury is the state-court judgment itself.” Kost v. Hoseth Kreeger, 832 F. App’x 438, 439 (6th Cir. 2021). Defendants argue that Rooker-Feldman precludes this Court from exercising jurisdiction over the Amended Complaint because the gravamen of Klosterman’s claims is that Defendants conspired to use a court-appointed receivership to wrongfully deprive him of properties worth more than $4.5 million. Klosterman does not meaningfully respond to their arguments—he only asserts in conclusory fashion that Rooker-Feldman does not apply when Defendants commit crimes in state court proceedings. (Doc. 59 at PageID 1360.)7 As explained immediately below, 7 Although Klosterman has not clearly asserted the issue nor provided legal analysis on it, the Court notes that the extrinsic fraud exception to Rooker-Feldman does not apply. There is an exception to the…

au contraire!

2 days ago 2 1 2 1

(And some judges, especially older and semi-retired judges, have career staff and do not take term clerks--so those numbers are probably even a little high.)

3 days ago 1 0 0 0

There's ~700 federal district (trial) court judges. There's ~200 federal circuit (appellate) court judges. ~900 judges with 2-4 clerks means a maximum of a few thousand of these jobs a year, as compared to maybe 35,000 annual law grads. An elite job for sure.

3 days ago 0 0 1 0

Times are different now, and these days the main qualification for an appointment as a federal judge is a certain level of sycophancy. But traditionally the route to a federal judgeship was achievement and merit, and a clerkship was one of the traditional first steps down that road.

3 days ago 0 0 1 0

Judges have between 2 and 4 clerks, and clerks work hand-in-glove with their judge, so it's an opportunity to learn from someone at the top of their field. You develop both skills and connections.

3 days ago 0 0 1 0
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Details vary from judge to judge, but broadly speaking in the federal courts a clerk is a research and writing associate for the judge. Highly coveted, extremely competitive, salaried positions. Most go to new grads and last 1 or 2 years.

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(And unlike phones, which I *have* replaced because of battery issues, the only reason I've had three watches was because I smashed them on various hard things.)

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Wow - my opinion is that the Apple Watch is one of the only tech products I've ever owned that lives up to the hype! Everything about it just works. This is the device we've been promised in SciFi for a hundred years! (I've owned 3 separate watches over 8 years and have not had any battery issues.)

3 days ago 1 0 1 0

@banditelli.org more people at that almost-not-announced Slotkin event from the other day

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A quick story in six skeets about why I'm voting for @hambleyforohio.bsky.social for Ohio Secretary of State in the Dem primary, and you should too 👇

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I could never locate it! I tried to go day by day over all the years I'd been doing them and I could never find the unsolved puzzle!

3 days ago 0 0 1 0

pi-hole.net!

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Does the 99% solve rate drive you nuts? I had a mystery unfinished puzzle for ages. I never found it—eventually our subscription changed and I had to get a new login. Lost all my stats. The missing solve still haunts me.

3500 is dope though!

4 days ago 2 0 1 0