From Casetext: Smarter Legal Research

Espino v. Liberty Mut

United States Court of Appeals, Ninth Circuit
Jan 10, 2008
263 F. App'x 558 (9th Cir. 2008)

Opinion

No. 07-16291.

Submitted January 7, 2008.

The panel unanimously Finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed January 10, 2008.

Carlos Espino, Manteca, CA, pro se.

Kevin G. McCurdy, Esq., McCurdy Fuller, LLP, Menlo Park, CA, for Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California, Ralph R. Beistline, District Judge, Presiding. D.C. No. CV-06-01523-RRB.

Before: O'SCANNLAIN, SILVERMAN and GRABER, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


This is an appeal of the district court's order granting defendants' motion to dismiss under the Rooker-Feldman doctrine. We review de novo. See Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003).

The Clerk shall file the opening brief, received on October 24, 2007. The opening brief is also construed as a response to the court's October 4, 2007 order to show cause.

A review of the record and the opening brief indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard). The district court properly concluded that it lacked subject matter jurisdiction pursuant to the Rooker-Feldman doctrine because appellant's action amounted to a forbidden "de facto appeal" of a state court judgment. See Exxon Mobil Corp. v. Saudi Basic Indus. Corp, 544 U.S. 280, 284, 125 S.Ct. 1517, 161 L.Ed.2d 454 (2005) (holding that Rooker-Feldman bars "state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced" from asking district courts to review and reject those judgments).

Accordingly, we summarily affirm the district court's judgment.

All pending motions are denied as moot.

AFFIRMED.


Summaries of

Espino v. Liberty Mut

United States Court of Appeals, Ninth Circuit
Jan 10, 2008
263 F. App'x 558 (9th Cir. 2008)
Case details for

Espino v. Liberty Mut

Case Details

Full title:Carlos ESPINO, Plaintiff — Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 10, 2008

Citations

263 F. App'x 558 (9th Cir. 2008)