Velasquez

Velasquez v. Alameda County Superior Court

Good Law
158 F. App'x 909
United States Court of Appeals for the Ninth CircuitDecember 16, 2005No. 05-15049California260 words

Opinion

Lead Opinion

MEMORANDUM **

Rodolfo Velasquez appeals pro se the district court’s judgment dismissing for lack of subject matter jurisdiction his 42 U.S.C. § 1983 action challenging the constitutionality of previous state court orders in an adverse possession claim and declaring him a vexatious litigant. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir.2003), and we affirm.

Velasquez requested that the district court declare as void the California state court decision awarding attorneys fees against him, and declaring him a vexatious litigant. Velasquez’s federal suit is a forbidden de facto appeal of a state court judgment. See Exxon Mobil Corp. v. Saudi Basic Indus. Corp, 544 U.S. 280 , 125 S.Ct. 1517, 1521 , 161 L.Ed.2d 454 (2005). Therefore, the district court properly dismissed the action under the Rooker-Feldman doctrine. Id.

The district court did not abuse its discretion in entering a pre-filing review order against Velasquez because he had notice that the district court was considering entering such an order and had an opportunity to oppose it. De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir.1990). In addition, the…

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