Copple

Copple v. Astrella & Rice, P.C.

Good Law
281 F. App'x 675
United States Court of Appeals for the Ninth CircuitJune 2, 2008Nos. 06-16635, 06-16762California360 words

Opinion

Lead Opinion

MEMORANDUM *

Robert Copple appeals the dismissal of his action with prejudice for failure to state a claim for relief under 42 U.S.C. § 1983 . Joseph Wood appeals the district court’s imposition of Rule 11 sanctions against him. We affirm both rulings.

Copple had standing to bring his claim. See Schmier v. U.S. Court of Appeals for the Ninth Circuit, 279 F.3d 817, 820-21 (9th Cir.2002). Dismissal was appropriate, however, because Copple’s claim is barred by the Rooker-Feldman doctrine. See Dist. Of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 482 , 103 S.Ct. 1303 , 75 L.Ed.2d 206 (1983); Rooker v. Fid. Trust Co., 263 U.S. 413, 415-16 , 44 S.Ct. 149 , 68 L.Ed. 362 (1923). See also Kougasian v. TMSL, Inc., 359 F.3d 1136, 1139-41 (9th Cir.2004). Copple’s conspiracy allegations necessarily challenged the state trial court’s determination of state law regarding attorneys fees. The district court properly dismissed Copple’s remaining claims because no due process or other constitutional violation are sufficiently pleaded.

The district court’s dismissal without leave to amend was also proper. Copple could provide no evidence that the judge and defendants had a secret meeting…

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