Smith v. Cross

943 F.2d 55 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Davis Otis SMITH, aka: David P. McCaslin, David Adrian (Johnson) Smith, Plaintiff-Appellant, v. David L. CROSS, Trinity County District Attorney's Office, Trinity County Sheriff's Department, Defendants-Appellees. No. 90-15591. United States Court of Appeals, Ninth Circuit. Submitted Sept. 5, 1991. * Decided Sept. 10, 1991. Before CANBY, DAVID R. THOMPSON and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 David Otis Smith appeals pro se from the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action for damages. The district court abstained from assuming jurisdiction over the action on the ground that it involved a child custody suit. We review for an abuse of discretion, Coats v. Woods, 819 F.2d 236, 237 (9th Cir.1987), and we affirm. 3 Federal courts should abstain from exercising jurisdiction over cases concerning domestic relations if the primary issue concerns the custody of the children or the…