Nathan Avraham v. David J. Cowan et al

Filing 4

MINUTE ORDER (IN CHAMBERS): ORDER TO SHOW CAUSE RE DISMISSAL; STAY OF ACTION by Magistrate Judge Ralph Zarefsky. Response to Order to Show Cause due by 8/20/2014. (See document for details). (ib)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-4983 DDP (RZ)

Title

NATHAN AVRAHAM v. JUDGE PRO TEM DAVID J. COWAN

Present: The Honorable

Date

July 21, 2014

RALPH ZAREFSKY, U.S. MAGISTRATE JUDGE

Ilene Bernal

N/A

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

N/A

N/A

Proceedings:

(IN CHAMBERS)
ORDER –
1. TO SHOW CAUSE RE DISMISSAL (ROOKER AND IMMUNITY);
2. STAYING ACTION

Plaintiff sues Superior Court Judge Pro Tem David J. Cowan, who presided over Plaintiff’s
marital dissolution case (no. SD027039). Plaintiff alleges that Judge Cowan erred, and violated
federal law, in rulings involving a home embroiled in the dispute. This Court takes judicial notice
that, although Plaintiff appealed certain 2010 and 2011 rulings to the California Court of Appeal (in
case no. B234607), he has filed no state-court challenges to the 2013 rulings that are at issue here.
The Court ORDERS Plaintiff to show cause in writing within 30 days why this action should
not be dismissed, under what is commonly known as the Rooker/Feldman doctrine, for lack of
jurisdiction over what is essentially an appeal from unfavorable state-court rulings. See Johnson
v. De Grandy, 512 U.S. 997, 1005-06, 114 S.Ct. 2647, 129 L.Ed.2d 775 (1994); see also Dubinka
v. Judges of the Superior Court, 23 F.3d 218, 221 (9th Cir. 1994) (doctrine applies even when the
challenge asserts federal legal issues). In addition, Plaintiff shall show cause why, even if the Court
does not abstain under Rooker/Feldman, the action should not be dismissed with prejudice based
on the doctrine of absolute judicial immunity. See Mireles v. Waco, 502 U.S. 9 (1991).
Plaintiff shall serve a copy of this Order on Defendant in conjunction with service of process
(or, if process already has been served, forthwith thereafter).
Pending resolution of this show-cause order, the Court STAYS this action. If served with
process, Defendant need not respond to the Complaint until the stay is vacated, but Defendant may
file an optional response to Plaintiff’s return to this Order within 10 days of service of that return.
:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

igb

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