Mark Marlow v. John Hotchkiss

U.S. Court of Appeals for the Ninth Circuit
Mark Marlow v. John Hotchkiss, 700 F. App'x 695 (9th Cir. 2017)

Mark Marlow v. John Hotchkiss

Opinion

MEMORANDUM **

Mark Marlow and Nancy Marlow appeal pro se from the district court’s judgment dismissing their action alleging various claims related to their real property. We have jurisdiction under 28 U.S.C. §' 1291. We review de novo a dismissal under the Rooker-Feldman doctrine. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003). We affirm.

The district court properly dismissed the Marlows’ action for lack of subject matter jurisdiction under the Rooker-Feldman doctrine because the claims constituted a forbidden “de facto appeal” of a prior state court judgment or were “inextricably intertwined” with that judgment. See id. at 1163-65 (discussing proper application of the Rooker-Feldman doctrine); see also Henrichs v. Valley View Dev., 474 F.3d 609, 616 (9th Cir. 2007) (Rooker-Feldman doctrine barred plaintiffs claim because the relief sought “would require the district court to determine that the state court’s decision was wrong and thus void”).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
Mark MARLOW, Husband; Nancy Marlow, Wife, Plaintiffs-Appellants, v. John HOTCHKISS, in His Individual Capacity; Et Al., Defendants-Appellees
Cited By
2 cases
Status
Unpublished