Derek Todd v. Trilla Bahrke

Ninth Circuit

Derek Todd v. Trilla Bahrke

604 F. App'x 558

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 19, 2015

Docket13-16366

StatusUnpublished

Cited by2 cases

This text of 604 F. App'x 558 (Derek Todd v. Trilla Bahrke) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Derek Todd v. Trilla Bahrke, 604 F. App'x 558 (9th Cir. 2015).

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Opinion

MEMORANDUM **

Derek Todd appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law violations arising out of custody proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir.2012) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)); Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir.2003) (dismissal under the Rooker-Feldman doctrine). We affirm.

*559 The district court properly dismissed Todd’s action as barred by the Rooker-Feldman doctrine because the action is a “forbidden de facto appeal” of the state court’s orders regarding custody and visitation and raises claims that are “inextricably intertwined” with those orders. See Cooper v. Ramos, 704 F.3d 772, 779 (9th Cir.2012) (explaining when claims are inextricably intertwined); Carmona v. Carmona, 6 03 F.3d 1041, 1050-51 (9th Cir.2010) (Rooker-Feldman doctrine barred plaintiffs claims seeking to enjoin state family court orders); see also Thompson v. Thompson, 798 F.2d 1547, 1558 (9th Cir.1986) (“Even when a federal question is presented, federal courts decline to hear disputes which would deeply involve them in adjudicating domestic matters.”).

The district court did not abuse its discretion by dismissing Todd’s action without leave to amend because Todd cannot correct the defects in his complaint. See Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir.2000) (en banc) (setting forth standard of review and explaining that leave to amend should be given unless the deficiencies- in the complaint cannot be cured by amendment).

We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n. 2 (9th Cir.2009) (per' curiam). Todd’s pending motions for judicial notice are denied as unnecessary.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM **

Derek Todd appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law violations arising out of custody proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir.2012) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)); Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir.2003) (dismissal under the Rooker-Feldman doctrine). We affirm.

*559 The district court properly dismissed Todd’s action as barred by the Rooker-Feldman doctrine because the action is a “forbidden de facto appeal” of the state court’s orders regarding custody and visitation and raises claims that are “inextricably intertwined” with those orders. See Cooper v. Ramos, 704 F.3d 772, 779 (9th Cir.2012) (explaining when claims are inextricably intertwined); Carmona v. Carmona, 6 03 F.3d 1041, 1050-51 (9th Cir.2010) (Rooker-Feldman doctrine barred plaintiffs claims seeking to enjoin state family court orders); see also Thompson v. Thompson, 798 F.2d 1547, 1558 (9th Cir.1986) (“Even when a federal question is presented, federal courts decline to hear disputes which would deeply involve them in adjudicating domestic matters.”).

The district court did not abuse its discretion by dismissing Todd’s action without leave to amend because Todd cannot correct the defects in his complaint. See Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir.2000) (en banc) (setting forth standard of review and explaining that leave to amend should be given unless the deficiencies- in the complaint cannot be cured by amendment).

We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n. 2 (9th Cir.2009) (per' curiam). Todd’s pending motions for judicial notice are denied as unnecessary.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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