Roberts
Roberts v. WMC Mortgage Corp.
Opinion
Lead Opinion
MEMORANDUM **
Dianna Joyce Roberts appeals pro se from the district court’s judgment dismissing her action seeking to enjoin state court eviction proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir.2003). We reverse and remand.
The Rooker-Feldman doctrine “is confined 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.” Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 , 125 S.Ct. 1517 , 161 L.Ed.2d 454 (2005). Thus, where there is simultaneously pending federal and state court litigation between the parties dealing with the same or related issues, the Rooker-Feldman doctrine does not bar jurisdiction; rather the district court “may abstain or stay proceedings; or if there has been state court litigation that has already gone to judgment, the federal suit may be claim-precluded under [28 U.S.C.] § 1738.” Noel, 341 F.3d at 1164 .
Because Roberts filed this action before the state court eviction proceedings were filed against…