Glover v. Swarthart

Filing 13

ORDER OF DISMISSAL (Illston, Susan) (Filed on 12/12/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRIAN SMITH,

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United States District Court
For the Northern District of California

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No. C 11-5792 SI (pr)

Petitioner,

ORDER OF DISMISSAL

v.
RANDY GROUNDS, warden,
Respondent.
/

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Petitioner filed this action to appeal a decision of the Monterey County Superior Court

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that rejected his habeas petition in which he had requested the state court to implement a plan

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to reduce prison overcrowding. Federal district courts are courts of original jurisdiction and may

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not review the final determinations of a state court. See District of Columbia Court of Appeals

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v. Feldman, 460 U.S. 462, 482-86 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 415-16

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(1923) (district courts may not exercise appellate jurisdiction over state courts). The Rooker-

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Feldman doctrine essentially bars federal district courts “from exercising subject matter

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jurisdiction over a suit that is a de facto appeal from a state court judgment.” Kougasian v.

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TMSL, Inc., 359 F.3d 1136, 1139 (9th Cir. 2004). As petitioner clearly is trying to appeal the

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state court decision, this action must be dismissed for lack of subject matter jurisdiction.

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The clerk shall close the file.

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IT IS SO ORDERED.

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DATED: December 12, 2011

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SUSAN ILLSTON
United States District Judge