Opinion
No. 14-16118
09-09-2015
HOWARD ROBERT HOFELICH, Plaintiff - Appellant, v. BARBARA LACY; et al., Defendants - Appellees.
NOT FOR PUBLICATION
D.C. No. 1:14-cv-00037-DKW-RLP MEMORANDUM Appeal from the United States District Court for the District of Hawaii
Derrick Kahala Watson, District Judge, Presiding
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Howard Hofelich appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims concerning his property seized pursuant to a state court writ of execution. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal under the Rooker-Feldman doctrine. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003). We affirm.
The district court properly dismissed Hofelich's action under the Rooker-Feldman doctrine because the action is a de facto appeal of the state court's writ of execution. See id. at 1163-65 (Rooker-Feldman bars de facto appeals of a state court decision and constitutional claims "inextricably intertwined" with the state court decision).
The district court properly denied Hofelich's motions for default judgment because it lacked subject matter jurisdiction over the action.
All pending motions are denied.
AFFIRMED.