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Cooks v. Etling

United States Court of Appeals, Ninth Circuit
Jul 29, 2002
43 F. App'x 75 (9th Cir. 2002)

Opinion


43 Fed.Appx. 75 (9th Cir. 2002) Carroll Steven COOKS, Plaintiff-Appellant, v. Linda ETLING; et al., Defendants-Appellees. No. 01-17044. United States Court of Appeals, Ninth Circuit. July 29, 2002

Submitted July 22, 2002 .

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2). Cooks's motion for oral argument is denied.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Eastern District of California; David F. Levi, District Judge, Presiding. D.C. No. CV-01-00072-DFL.

Before: BROWNING, KOZINSKI, and BERZON, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

California state prisoner Carroll Steven Cooks appeals pro se the district court's order dismissing his 42 U.S.C. §§ 1983 and 1985 claims against social workers employed by the Sacramento County Department of Health and Human Services. We have jurisdiction under 28 U.S.C. § 1291. We review de novo dismissals under 28 U.S.C. § 1915A(a) for failure to state a claim. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm.

Cooks is essentially attempting to reverse prior state juvenile court custody determinations, therefore the district court lacked subject matter jurisdiction. See Worldwide Church of God v. McNair, 805 F.2d 888, 891-92 (9th Cir.1986). To the extent Cooks's claims may interfere with any ongoing state judicial proceedings regarding the placement of Cooks's son, Younger abstention applies. See H.C. ex rel. Gordon v. Koppel, 203 F.3d 610, 613 (9th Cir.2000) (applying Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), to section 1983 challenge of child custody orders).

AFFIRMED.


Summaries of

Cooks v. Etling

United States Court of Appeals, Ninth Circuit
Jul 29, 2002
43 F. App'x 75 (9th Cir. 2002)
Case details for

Cooks v. Etling

Case Details

Full title:Carroll Steven COOKS, Plaintiff-Appellant, v. Linda ETLING; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 29, 2002

Citations

43 F. App'x 75 (9th Cir. 2002)