Fowler

Fowler v. U.S. Bank National Ass'n

Good Law
362 F. App'x 682
United States Court of Appeals for the Ninth CircuitJanuary 14, 201008-35025California293 words

Opinion

Opinion

MEMORANDUM

Billy D. Fowler appeals pro se from a district court’s judgment finding no violation of Fowler’s rights under the United States or Washington State Constitutions. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s dismissal, grant of summary judgment, and denial of remand to state court. Proctor v. Vishay Intertechnology, Inc., 584 F.3d 1208, 1218 (9th Cir.2009) (citations omitted). We affirm.

Fowler alleged, in a state court complaint removed to federal court, that defendants accessed his bank records in violation of his rights under the United States and Washington State Constitutions. Fowler’s bank records were accessed in the course of a criminal investigation pursuant to orders issued by a state court judge.

The district court correctly concluded that Fowler’s claims under the United States and Washington State Constitutions failed. United States v. Miller, 425 U.S. 435, 442-43 , 96 S.Ct. 1619 , 48 L.Ed.2d 71 (1976) (finding no reasonable expectation of privacy in bank records); Reid v. Pierce County, 136 Wash.2d 195 , 961 P.2d 333, 343 (1998) (refusing to create a cause of action under article I, § 7 of the Washington…

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