Kucernak
Kucernak v. Sinfield
Opinion
Lead Opinion
MEMORANDUM **
Frank Kucernak appeals pro se the district court’s dismissal pursuant to the Rooker-Feldman doctrine of his 42 U.S.C. § 1983 action alleging his due process rights were violated when a state court dismissed the wrongful death action he filed regarding his son on the ground that Kucernak failed to provide expert medical testimony. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Bianchi v. Rylaarsdam, 334 F.3d 895, 898 (9th Cir.2003), and we affirm.
The district court properly dismissed this action pursuant to the Rooker-Feldman doctrine, because the gravamen of Kucernak’s complaint requires federal review of the state court judgment for defendants in Kucernak’s wrongful death action. See Exxon Mobil Corp. v. Saudi Basic Indus. Corp., — U.S. -, 125 S.Ct. 1517, 1521-22 , 161 L.Ed.2d 454 (2005) (holding the Rooker-Feldman doctrine applies to “cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments”); see also Bianchi, 334 F.3d at 898 (“If claims raised in the federal court action are…