Samuel Rosen v. Beatrice Nelson

U.S. Court of Appeals for the Ninth Circuit
Samuel Rosen v. Beatrice Nelson, 623 F. App'x 498 (9th Cir. 2015)

Samuel Rosen v. Beatrice Nelson

Opinion

MEMORANDUM **

Samuel Rosen appeals pro se from the district court’s judgment dismissing his 42 *499 U.S.C. § 1983 action alleging a constitutional violation arising from a state court’s dismissal of his defamation action. 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)); Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003) (dismissal under the Rooker-Feldman doctrine). We affirm.

The district court properly dismissed Rosen’s action because it is a “forbidden de facto appeal” of the state court’s order granting defendant Nelson’s anti-SLAPP motion to strike and raises claims that are “inextricably intertwined” with the order striking Rosen’s state court complaint. See Cooper v. Ramos, 704 F.3d 772, 777, 779 (9th Cir. 2012) (the Rooker-Feldman doctrine “bars a district court from exercising jurisdiction not only over an action explicitly styled as a direct appeal, but also over the ‘de facto equivalent’ of such an appeal,” and explaining when claims are inextricably intertwined (citation omitted)).

Rosen’s motion for judicial notice, filed on September 3,2015, is denied.

Rosen’s motion for appointment of counsel, filed on September 17, 2015, is denied.

AFFIRMED.

**

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

Reference

Full Case Name
Samuel ROSEN, Plaintiff-Appellant, v. Beatrice NELSON, Defendant-Appellee
Status
Unpublished