Smith, Jr. v. North San Diego County Dept of Child Support Services et al

Filing 6

ORDER DISMISSING CASE. Signed by Judge Larry Alan Burns on 12/6/2017.(All non-registered users served via U.S. Mail Service)(jdt)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 10 GEORGE EVERETT SMITH, JR., Plaintiff, 11 12 CASE NO. 17cv2100 ORDER OF DISMISSAL vs. 13 NORTH SAN DIEGO COUNTY DEPT. OF CHILD SUPPORT SERVICES, et al., 14 Defendants. 15 George Smith Jr. attempted to remove an action by Child Support Services after 16 Commissioner Pennie McLaughlin ordered Smith to pay child support. First, removal is 17 improper and this Court lacks original jurisdiction. See 28 U.SC. §§ 1441, 46. Second, the 18 Rooker-Feldman doctrine bars Smith’s de facto appeal asking this Court to resolve issues 19 inextricably intertwined with the state court judgment. See, e.g., Ignacio v. Judges of U.S. 20 Court of Appeals for Ninth Circuit, 453 F.3d 1160, 1166 (9th Cir. 2006); Sanders v. Del 21 Fierro, 2012 WL 2390754, at *4 (S.D. Cal. June 2012). Third, the domestic relations 22 exception bars this action since Smith’s underlying contention is that he’s not the father and 23 shouldn’t have to pay. Buechold v. Ortiz, 401 F.2d 371, 372 (9th Cir. 1968). Finally, even if 24 the Court had jurisdiction, defendants are immune. See Ashelman v. Pope, 793 F.2d 1072, 25 1075 (9th Cir. 1986); Govaerts v. Santa Clara Cty. Dep't of Child Support Servs., 2009 WL 26 890881, at *4 (N.D. Cal. Mar. 31, 2009). The case is DISMISSED without leave to amend. 27 28 IT IS SO ORDERED. Dated: December 6, 2017 HONORABLE LARRY ALAN BURNS United States District Judge

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