Wisdom

Wisdom v. Nevada

Good Law
345 F. App'x 213
United States Court of Appeals for the Ninth CircuitJuly 31, 2009No. 08-15056California486 words

Opinion

Lead Opinion

MEMORANDUM **

Allen Wisdom appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action on Rooker-Feldman grounds, among others. He also appeals from an order denying his request to proceed in forma pauperis (IFP) pursuant to 28 U.S.C. § 1915 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review a jurisdictional dismissal under the Rooker-Feldman doctrine de novo. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir.2003). We review denial of a request for IFP status for an abuse of discretion. Minetti v. Port of Seattle, 152 F.3d 1113, 1114 (9th Cir.1998) (per curiam). We affirm in part, reverse in part, and remand.

At the time that Wisdom filed this action in federal district court against defendants, including his former lawyers and members of the Nevada judiciary, Wisdom’s state court action, arising out of the same facts and against some of the named defendants, was ongoing. Accordingly, the district court should have temporarily stayed Wisdom’s action pursuant to the abstention doctrine developed in Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971). See Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 , 125…

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