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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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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GEORGE EVERETT SMITH, JR.,
Plaintiff,

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CASE NO. 17cv2100
ORDER OF DISMISSAL

vs.

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NORTH SAN DIEGO COUNTY DEPT. OF
CHILD SUPPORT SERVICES, et al.,

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Defendants.

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George Smith Jr. attempted to remove an action by Child Support Services after

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Commissioner Pennie McLaughlin ordered Smith to pay child support. First, removal is

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improper and this Court lacks original jurisdiction. See 28 U.SC. §§ 1441, 46. Second, the

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Rooker-Feldman doctrine bars Smith’s de facto appeal asking this Court to resolve issues

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inextricably intertwined with the state court judgment. See, e.g., Ignacio v. Judges of U.S.

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Court of Appeals for Ninth Circuit, 453 F.3d 1160, 1166 (9th Cir. 2006); Sanders v. Del

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Fierro, 2012 WL 2390754, at *4 (S.D. Cal. June 2012). Third, the domestic relations

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exception bars this action since Smith’s underlying contention is that he’s not the father and

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shouldn’t have to pay. Buechold v. Ortiz, 401 F.2d 371, 372 (9th Cir. 1968). Finally, even if

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the Court had jurisdiction, defendants are immune. See Ashelman v. Pope, 793 F.2d 1072,

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1075 (9th Cir. 1986); Govaerts v. Santa Clara Cty. Dep't of Child Support Servs., 2009 WL

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890881, at *4 (N.D. Cal. Mar. 31, 2009). The case is DISMISSED without leave to amend.

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IT IS SO ORDERED.
Dated: December 6, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge