Quinlivan

Quinlivan v. County of Marin

Good Law
158 F. App'x 79
United States Court of Appeals for the Ninth CircuitDecember 13, 2005No. 05-15092California289 words

Opinion

Lead Opinion

MEMORANDUM **

Shawn P. Quinlivan appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that various individuals deprived him of his constitutional rights during state court child custody proceedings. We have jurisdiction pursuant to 28 U.S.C. § 1291 . After de novo review, Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir.2003), we affirm.

The district court correctly concluded that it lacked jurisdiction to consider Quinlivan’s action, which alleged that his constitutional rights were violated by nearly every individual who participated in his state court custody action, because the relief he sought would require review of the state court judgment. See id. at 1158 . Quinlivan’s action was thus a de facto appeal of the state court proceeding, and the district court was required to “refuse to decide any issue raised in the suit that is ‘inextricably intertwined’ with an issue resolved by the state court.” Id.; see also Exxon *80 Mobil Corp. v. Saudi Basic Indus. Corp., — U.S.-,---, 125 S.Ct. 1517, 1521-22 , 161 L.Ed.2d 454 (2005).

Meyers’ and Skelton’s request for judicial notice, filed on June 22, 2005, is denied. Quinlivan’s August 5, 2005,…

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