Allen Wisdom v. Terry Michaelson

MEMORANDUM

Allen L. Wisdom appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action arising from the probate of his mother’s estate. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo both a dismissal under the Rooker-Feldman doctrine and summary judgment. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir.2003). We affirm in part, vacate in part, and remand.

The district court properly dismissed Wisdom’s § 1983 claims under the Rook-er-Feldman doctrine because the claims amounted to a forbidden “de facto appeal” of a state court judgment and were “inextricably intertwined” with that state court judgment. Id. at 1163-65 (“If a federal plaintiff asserts as a legal wrong an allegedly erroneous decision by a state court, and seeks relief from a state court judgment based on that decision, Rooker-Feld-man bars subject matter jurisdiction in federal district court.”); see also Henrichs v. Valley View Dev., 474 F.3d 609 , 616 (9th Cir.2007) (Rooker-Feldman doctrine barred plaintiffs claim because alleged legal injuries arose from the “state court’s purportedly erroneous judgment” and the relief he sought “would require the district court to determine that…