Weibel

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL L. WEIBEL, Case No. 21-cv-05529-JSW

Plaintiff,

ORDER GRANTING MOTIONS TO

v. DISMISS

CHESA BOUDIN, et al., Re: Dkt. Nos. 21, 26 Defendants.

Plaintiff, a California prisoner proceeding pro se, filed this civil rights action under 28 U.S.C. § 1983. Defendants filed separate motions to dismiss arguing, inter alia, that Plaintiff’s claims are barred for lack of subject matter jurisdiction. Plaintiff claims that a California Superior Court imposed a restitution fine of $5000 upon him, in violation of California law. Defendants have presented state court records demonstrating that this fine was imposed as part of a criminal judgment against him, which Plaintiff unsuccessfully appealed in the California courts. Federal district courts are without subject matter jurisdiction to review state court decisions, and state court litigants may therefore only obtain federal review by filing a petition for a writ of…