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Finnegan v. City of Dana Point

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 21, 2018
No. 17-56200 (9th Cir. Aug. 21, 2018)

Opinion

No. 17-56200

08-21-2018

JACK R. FINNEGAN, Plaintiff-Appellant, v. CITY OF DANA POINT; et al., Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 8:17-cv-00976-DSF-DFM MEMORANDUM Appeal from the United States District Court for the Central District of California
Dale S. Fischer, District Judge, Presiding Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Jack R. Finnegan appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional claims arising from state court proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under the Rooker-Feldman doctrine. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003). We affirm.

The district court properly dismissed Finnegan's action as barred by the Rooker-Feldman doctrine because Finnegan's action is a "de facto appeal" of a prior state court judgment, and he raises issues that are "inextricably intertwined" with that judgment. See Cooper v. Ramos, 704 F.3d 772, 782 (9th Cir. 2012) (concluding plaintiff's claim for conspiracy was "inextricably intertwined" with the state court's decision); Henrichs v. Valley View Dev., 474 F.3d 609, 616 (9th Cir. 2007) (Rooker-Feldman doctrine barred plaintiff's claim because the relief sought "would require the district court to determine the state court's decision was wrong and thus void").

AFFIRMED.


Summaries of

Finnegan v. City of Dana Point

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 21, 2018
No. 17-56200 (9th Cir. Aug. 21, 2018)
Case details for

Finnegan v. City of Dana Point

Case Details

Full title:JACK R. FINNEGAN, Plaintiff-Appellant, v. CITY OF DANA POINT; et al.…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 21, 2018

Citations

No. 17-56200 (9th Cir. Aug. 21, 2018)