Smith, Jr. v. North San Diego County Dept of Child Support Services et al
ORDER DISMISSING CASE. Signed by Judge Larry Alan Burns on 12/6/2017.(All non-registered users served via U.S. Mail Service)(jdt)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
GEORGE EVERETT SMITH, JR.,
CASE NO. 17cv2100
ORDER OF DISMISSAL
NORTH SAN DIEGO COUNTY DEPT. OF
CHILD SUPPORT SERVICES, et al.,
George Smith Jr. attempted to remove an action by Child Support Services after
Commissioner Pennie McLaughlin ordered Smith to pay child support. First, removal is
improper and this Court lacks original jurisdiction. See 28 U.SC. §§ 1441, 46. Second, the
Rooker-Feldman doctrine bars Smith’s de facto appeal asking this Court to resolve issues
inextricably intertwined with the state court judgment. See, e.g., Ignacio v. Judges of U.S.
Court of Appeals for Ninth Circuit, 453 F.3d 1160, 1166 (9th Cir. 2006); Sanders v. Del
Fierro, 2012 WL 2390754, at *4 (S.D. Cal. June 2012). Third, the domestic relations
exception bars this action since Smith’s underlying contention is that he’s not the father and
shouldn’t have to pay. Buechold v. Ortiz, 401 F.2d 371, 372 (9th Cir. 1968). Finally, even if
the Court had jurisdiction, defendants are immune. See Ashelman v. Pope, 793 F.2d 1072,
1075 (9th Cir. 1986); Govaerts v. Santa Clara Cty. Dep't of Child Support Servs., 2009 WL
890881, at *4 (N.D. Cal. Mar. 31, 2009). The case is DISMISSED without leave to amend.
IT IS SO ORDERED.
Dated: December 6, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?