Delaney

Delaney v. Souther-Wyatt

Good Law
51 F. App'x 749
United States Court of Appeals for the Ninth CircuitNovember 27, 2002No. 01-35788; D.C. No. CV-00-00035-ASCalifornia380 words

Opinion

Lead Opinion

*750 MEMORANDUM **

Reginald DeLaney appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action, arising from an adverse custody order, against the mother of his children and her attorneys, a state court judge, court personnel, and state social workers. We have jurisdiction under 28 U.S.C. § 1291 . We review both a summary judgment and a dismissal for failure to state a claim de novo, Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994)(per curiam), and we affirm.

The district court properly dismissed Arthur and Princess DeLaney, Appellant’s minor children, from this action because they did not have counsel and DeLaney, as a non-attorney, could not represent them. See Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir.1997).

The district court also properly dismissed those claims in which DeLaney challenged prior state juvenile court custody determinations, because such claims are barred by the Rooker-Feldman doctrine. Worldwide Church of God v. McNair, 805 F.2d 888, 891-92 (9th Cir.1986). To the extent any of DeLaney’s claims for damages against state agencies and officials are not inextricably intertwined with the custody hearings, they are…

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