Correa v. Supreme Court of California

Filing 9

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/11/12 ORDERING that the Clerk randomly assign this case to a United States District Judge. It is RECOMMENDED that this action be dismissedl and the Clerk be directed to close the case. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICTOR CORREA,
Petitioner,

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No. 2:12-cv-2189 EFB P

vs.
SUPREME COURT OF
CALIFORNIA,
ORDER AND
FINDINGS AND RECOMMENDATIONS

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Respondent.
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/
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Petitioner, a state prisoner without counsel, has filed a notice of appeal. In his notice of

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appeal, petitioner explains that he is appealing the judgment of the California Supreme Court.

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Dckt. No. 1 at 1.

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Under the Rooker–Feldman doctrine, a federal district court does not have subject-matter

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jurisdiction to hear an appeal from the judgment of a state court. Exxon Mobil Corp. v. Saudi

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Basic Indus. Corp., 544 U.S. 280, 283–84, 125 S.Ct. 1517, 161 L.Ed.2d 454 (2005); see also

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Dist. of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 476, 103 S.Ct. 1303, 75 L.Ed.2d

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206 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 415, 44 S.Ct. 149, 68 L.Ed. 362 (1923).

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The Rooker–Feldman doctrine bars jurisdiction in federal district court if the exact claims raised

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in a state court case are raised in the subsequent federal case, or if the constitutional claims
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presented to the district court are “inextricably intertwined” with the state court’s denial of relief.

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Bianchi v. Rylaarsdam, 334 F.3d 895, 898–99 (9th Cir.2003) (quoting Feldman, 460 U.S. at 483

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n. 16). Rooker–Feldman thus bars federal adjudication of any suit whether a plaintiff alleges an

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injury based on a state court judgment or directly appeals a state court's decision. Id. at 900 n. 4.

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The district court lacks subject matter jurisdiction either to conduct a direct review of a state

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court judgment or to scrutinize the state court’s application of various rules and procedures

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pertaining to the state case. Samuel v. Michaud, 980 F. Supp. 1381, 1411–12 (D. Idaho 1996),

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aff’d, 129 F.3d 127 (9th Cir.1997). The rule applies even where it is alleged that the state court’s

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action was unconstitutional. Feldman, 460 U.S. at 486. Further, the doctrine applies to attacks

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of criminal judgments as well as civil ones. Roberts v. Los Angeles City Fire Dep't, 86

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F.Supp.2d 990, 994 (C.D. Cal. 2000); see also Datz v. Kilgore, 51 F.3d 252, 253 (11th Cir.1995)

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(applying Rooker–Feldman doctrine where state court judgment was a criminal conviction).

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Here, it is clear the court lacks jurisdiction. Petitioner names the California Supreme

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Court as the respondent. Dckt. No. 1 at 1. Petitioner explains that he is “appealing a judgment

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of the Supreme Court of California on direct appeal.” Id. He states that he is waiting for the

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United States Court of Appeals to return his appeal filed in that court “so that [he] may redirect

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his appeal to the Eastern District Court of Appeals.” Id. at 2. He further states that “at this time

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[he] wishes to exhaust his direct criminal appeal rights. [He] is not filing a writ of habeas corpus

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at this time but only wishes to exhaust his direct appeal.” Dckt. No. 7 at 2.

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Petitioner is seeking to appeal the decision of the California Supreme Court to this court.

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As explained above, this court may not entertain a direct appeal from a state court decision. The

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action must therefore be dismissed.

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Accordingly, it is hereby ORDERED that the Clerk randomly assign this case to a United

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States District Judge.

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Further, it is RECOMMENDED that:

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1. This action be dismissed; and

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2. The Clerk be directed to close the case.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: October 11, 2012.

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