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Anderson v. Oregon

United States Court of Appeals, Ninth Circuit
Mar 4, 2014
560 F. App'x 671 (9th Cir. 2014)

Opinion

Submitted February 18, 2014

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the District of Oregon. D.C. No. 6:11-cv-06406-TC. Michael R. Hogan, District Judge, Presiding.

THOMAS ANDERSON, Plaintiff - Appellant, Pro se, Yachats, OR.


Before: ALARCÓN, O'SCANNLAIN, and FERNANDEZ, Circuit Judges.

MEMORANDUM

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

Thomas Anderson appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging claims related to unfavorable judgments by the Oregon state court in prior tort, breach of contract, and family law actions. We have jurisdiction under 28 U.S.C. § 1291. We review de novo both the dismissal of an action under 28 U.S.C. § 1915(e), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order), and under the Rooker-Feldman doctrine, Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003). We affirm.

The district court properly dismissed Anderson's claims as barred by the Rooker-Feldman doctrine because they amounted to a forbidden " de facto appeal" of unfavorable judgments in prior Oregon state court, and raised constitutional claims that were " inextricably intertwined" with those state-court judgments. Noel, 341 F.3d at 1163-65; Cooper v. Ramos, 704 F.3d 772, 778-79 (9th Cir. 2012) (under the Rooker-Feldman doctrine, claims are inextricably intertwined where " 'the relief requested in the federal action would effectively reverse the state court decision or void its ruling'" (citation omitted)).

The district court did not abuse its discretion by dismissing Anderson's action without leave to amend because amendment would have been futile. See Hartmann v. Cal. Dep't of Corr. & Rehab., 707 F.3d 1114, 1129-30 (9th Cir. 2013) (setting forth standard of review and explaining that leave to amend may be denied where the complaint cannot be saved by any amendment).

Anderson's contentions regarding the alleged inconsistencies in the district court's reasons for dismissing the action, and the allegedly erroneous application of an abstention doctrine as an alternative basis for dismissal, are unpersuasive.

AFFIRMED.


Summaries of

Anderson v. Oregon

United States Court of Appeals, Ninth Circuit
Mar 4, 2014
560 F. App'x 671 (9th Cir. 2014)
Case details for

Anderson v. Oregon

Case Details

Full title:THOMAS ANDERSON, Plaintiff - Appellant, v. STATE OF OREGON, Defendant …

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 4, 2014

Citations

560 F. App'x 671 (9th Cir. 2014)