Lee Hempfling v. Kent Volkmer

U.S. Court of Appeals for the Ninth Circuit
Lee Hempfling v. Kent Volkmer, 708 F. App'x 400 (9th Cir. 2017)
Bybee, Silverman, Wallace

Lee Hempfling v. Kent Volkmer

Opinion

MEMORANDUM ****

Lee Kent Hempfling and Suesie Kent Hempfling appeal pro se from the district court’s judgment dismissing their 42 U.S.C. § 1983 action alleging due process violations in connection with prior state court proceedings. 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 Hempflings’ action for lack of subject matter jurisdiction under the Rooker-Feld-man doctrine because it constituted a prohibited “de facto appeal” of a prior state court judgment and raised a claim that was “inextricably intertwined” with that state court judgment. See id. at 1163-65 (discussing proper ¿pplication of the Rooker-Feldman doctrine); see also Bianchi v. Rylaarsdam, 334 F.3d 895 (9th Cir. 2003) (Rooker-Feldman precludes adjudication where “the only redress [plaintiffs] seek is an ‘undoing* of the prior state-court judgment.” (internal quotation marks omitted)).

The district court did not abuse its discretion by denying the Hempflings’ motion for reconsideration because the Hemp-flings failed to state any grounds warranting relief. See Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993) (setting forth standard of review and grounds for relief under Fed. R. Civ. P. 60).

We do not consider issues raised by the Hempflings in their brief that are not supported by argument. See Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 1992).

AFFIRMED.

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

Reference

Full Case Name
Lee Kent HEMPFLING; Suesie Kent Hempfling, Plaintiffs-Appellants, v. Kent VOLKMER; Et Al., Defendants-Appellees
Status
Unpublished