Heron

Heron v. Supreme Court of California

Good Law
142 F. App'x 986
United States Court of Appeals for the Ninth CircuitSeptember 15, 2005No. 04-15425; D.C. No. CV-03-04750-WHACalifornia320 words

Opinion

Lead Opinion

MEMORANDUM **

Brian Heron appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that the California Supreme Court and the California Court of Appeals, and various administrative staff, violated his constitutional rights by rejecting his petition for rehearing pursuant to Cal. Gov’t Code § 68081 resulting in an adverse state court judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Bianchi v. Rylaarsdam, 334 F.3d 895, 898 (9th Cir.2003), and we affirm.

We agree with the district court’s determination that Heron’s action is barred by the Rooker-Feldman doctrine because the essence of his complaint is that the state court judgment was improper. See Exxon Mobil Corp. v. Saudi Basic Indus. Corp., — U.S.-,---, 125 S.Ct. 1517, 1521-22 , 161 L.Ed.2d 454 (2005) (confining application of the Rooker-Feldman doctrine to parties who fail to prevail in state court and complain of injuries caused by state-court judgments). We reject Heron’s contention that the court retains jurisdiction over his constitutional challenge to Cal. Gov’t Code § 68081 because it is “inextricably intertwined” with his state court proceeding. See…

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