Parlante

Parlante v. Peterson

Good Law
323 F. App'x 529
United States Court of Appeals for the Ninth CircuitApril 21, 2009No. 08-16637California287 words

Opinion

Lead Opinion

MEMORANDUM **

John Parlante appeals pro se the district court’s Order dismissing his personal injury tort action against State of California Superior Court Judge Kenneth G. Peterson, a state court Referee, the Commission on Judicial Performance and state employees involved in a state court proceeding over Parlante’s parental rights. We review de novo the dismissal for failure to state a claim, see Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1030 (9th Cir.2008), and the dismissal for lack of subject-matter jurisdiction, see Scholastic Entm’t, Inc. v. Fox Entm’t Group, Inc., 336 F.3d 982 , 985 (9th Cir.2003). We affirm.

The district court properly concluded that Parlante’s action seeks review of a state court judgment, which is barred by the Rooker-Feldman doctrine. See Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir.2003) (under the Rooker-Feldman doctrine, federal district courts lack subject matter jurisdiction to hear a direct appeal from the final judgment of a state court).

The district court also properly dismissed all claims against the state court judges on grounds of judicial immunity. See Olsen v. Idaho State Bd. of Medicine, 363 F.3d 916 , 923 (9th…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.