McInerney

MEMORANDUM **

Joseph Mclnerney appeals pro se from the district court’s judgment dismissing his action alleging that California’s vexatious litigant statute is facially unconstitutional and unconstitutional as applied to him. McInerney also appeals the district court’s entry of a pre-filing review order. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s imposition of a pre-filing review order for abuse of discretion. Moy v. United States, 906 F.2d 467, 469 (9th Cir.1990). We review de novo the district court’s dismissal of Mclnerney’s action, and we may affirm on any ground supported by the record. Guerrero v. Gates, 357 F.3d 911, 916 (9th Cir .2004).

California courts have consistently held that the state’s vexatious litigant statute, Cal.Code Civ. Proc. §§ 391 through 391.7, is “constitutional and [does] not deprive a litigant of due process of law.” Bravo v. Ismaj, 99 Cal.App.4th 211 , 120 Cal.Rptr.2d 879, 887 (Cal.Ct.App.2002). Mclnerney’s as-applied challenge is precluded by the Rooker-Feldman doctrine because he is seeking relief from prior state court vexatious litigant orders. See Bianchi v. Rylaarsdam, 334 F.3d 895, 900-01 (9th Cir.…