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Huot v. Mont. State Dep't of Child & Family Servs.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 19, 2018
No. 18-35129 (9th Cir. Jun. 19, 2018)

Opinion

No. 18-35129

06-19-2018

SAFRON HUOT, Plaintiff-Appellant, v. MONTANA STATE DEPARTMENT OF CHILD AND FAMILY SERVICES; et al., Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 2:17-cv-00059-BMM MEMORANDUM Appeal from the United States District Court for the District of Montana
Brian M. Morris, District Judge, Presiding Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.

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

Safron Huot appeals pro se from the district court's judgment dismissing her 42 U.S.C. § 1983 action alleging claims related to the termination of her parental rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915A); Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003) (dismissal under the Rooker-Feldman doctrine); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)). We affirm.

The district court properly dismissed Huot's action for lack of subject matter jurisdiction under the Rooker-Feldman doctrine because Huot's claims constituted a forbidden de facto appeal of a prior state court judgment or were inextricably intertwined with that judgment. See Noel, 341 F.3d at 1163-65 (9th Cir. 2003) (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 plaintiff's claim because the relief sought "would require the district court to determine that the state court's decision was wrong and thus void").

AFFIRMED.


Summaries of

Huot v. Mont. State Dep't of Child & Family Servs.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 19, 2018
No. 18-35129 (9th Cir. Jun. 19, 2018)
Case details for

Huot v. Mont. State Dep't of Child & Family Servs.

Case Details

Full title:SAFRON HUOT, Plaintiff-Appellant, v. MONTANA STATE DEPARTMENT OF CHILD AND…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jun 19, 2018

Citations

No. 18-35129 (9th Cir. Jun. 19, 2018)

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