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Kulick v. Leisure Vill. Ass'n, Inc.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 29, 2018
No. 18-55904 (9th Cir. Oct. 29, 2018)

Opinion

No. 18-55904

10-29-2018

ROBERT J. KULICK, Plaintiff-Appellant, v. LEISURE VILLAGE ASSOCIATION, INC., Defendant-Appellee.


NOT FOR PUBLICATION

D.C. No. 2:18-cv-03392-PA-SS MEMORANDUM Appeal from the United States District Court for the Central District of California
Percy Anderson, District Judge, Presiding Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.

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

Robert J. Kulick appeals pro se from the district court's judgment dismissing his action alleging civil rights violations arising from 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 for lack of subject matter jurisdiction under the Rooker-Feldman doctrine because Kulick's action is a "de facto appeal" of a prior state court judgment, and he raises claims that are "inextricably intertwined" with that judgment. Cooper v. Ramos, 704 F.3d 772, 782 (9th Cir. 2012) (Rooker-Feldman doctrine barred claim that was "inextricably intertwined" with the state court's decision); see Henrichs v. Valley View Dev., 474 F.3d 609, 616 (9th Cir. 2007) (Rooker-Feldman doctrine barred plaintiff's claim because alleged legal injuries arose from the "state court's purportedly erroneous judgment" and the relief sought "would require the district court to determine that the state court's decision was wrong and thus void").

AFFIRMED.


Summaries of

Kulick v. Leisure Vill. Ass'n, Inc.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 29, 2018
No. 18-55904 (9th Cir. Oct. 29, 2018)
Case details for

Kulick v. Leisure Vill. Ass'n, Inc.

Case Details

Full title:ROBERT J. KULICK, Plaintiff-Appellant, v. LEISURE VILLAGE ASSOCIATION…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 29, 2018

Citations

No. 18-55904 (9th Cir. Oct. 29, 2018)