Al-Hakim Allah v. Superior Court of the State of California, Los Angeles County, R.A. Doeve, Real-Parties-In-Interest

Caution
871 F.2d 887·1989 WL 29378·14 Fed. R. Serv. 3d 222·1989 U.S. App. LEXIS 4235
United States Court of Appeals for the Ninth CircuitApril 3, 198987-6187California1,476 words

Opinion

Opinion

Hall, J.

Al-Hakim Allah appeals pro se the district court’s dismissal of his action seeking judicial review of a prior state court proceeding which Allah alleged violated his constitutional rights under the fourteenth amendment. The district court dismissed his action under Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction. We have jurisdiction over Allah’s appeal and we affirm.

I

On November 18,1986, Allah filed a complaint entitled “Petition for Writ of Certio-rari or Other Appropriate Remedy” in the district court. He alleged that the Los Angeles Superior Court had violated his due process and equal protection rights under the fourteenth amendment by dismissing his personal injury complaint because he failed to comply with a discovery order. On April 2, 1987, the district court dismissed Allah’s action for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1). However, the district court did not enter a separate judgment with respect to this dismissal.

On April 13, 1987, Allah filed a reconsideration motion. On April 30, while his reconsideration motion was still pending, Allah filed in the Ninth Circuit a document entitled “Petition for Writ of Error, or Other…

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