U.S. Court of Appeals for the Ninth Circuit, 2011

Brian Carr v. State of Oregon

Brian Carr v. State of Oregon
U.S. Court of Appeals for the Ninth Circuit · Decided September 6, 2011 · Thomas, Silverman, Clifton
449 F. App'x 606

Brian Carr v. State of Oregon

Opinion

MEMORANDUM **

Brian P. Carr appeals pro se from the district court’s decision dismissing his action as barred by the statute of limitations and for lack of subject-matter jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 1291. Reviewing de novo, Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003), we affirm.

Carr’s complaint in the district court seeks to overturn the state court’s refusal to seal his arrest record. His suit is barred by the Rooker-Feldman doctrine. “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-Feldman bars subject matter jurisdiction in federal district court.” Id. at 1164; Worldwide Church of God v. McNair, 805 F.2d 888, 891 (9th Cir. 1986).

Carr also challenges the district court’s refusal to allow him leave to file an amended complaint. Reviewing for abuse of discretion, Planned Parenthood v. Neely, 130 F.3d 400, 402 (9th Cir. 1997), we affirm. Carr’s proposed amended complaint sought to introduce a “separate, distinct and new cause of action,” id. (internal quotations and citations omitted), and the district court therefore did not abuse its discretion in denying leave to amend.

Carr’s remaining contentions are unpersuasive.

AFFIRMED.

**

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

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