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No. 8646616
United States Court of Appeals for the Ninth Circuit
Bourgeois v. Casey
No. 8646616 · Decided December 28, 2007
No. 8646616·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 28, 2007
Citation
No. 8646616
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Jeremiah Bourgeois, a Washington state prisoner, appeals pro se from the district court’s judgment dismissing his action alleging that a state court judge violated his constitutional rights by denying his motion to waive filing fees. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo whether a case should be dismissed for lack of subject matter jurisdiction based on the Rooker-Feldman doctrine. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir.2003). We may affirm on any basis supported by the record even if the district court did not rely on that basis. See United States v. State of Wash., 969 F.2d 752, 755 (9th Cir.1992). We affirm. The district court lacked subject matter jurisdiction under the Rooker-Feldman doctrine because Bourgeois’s action is a “forbidden de facto appeal from a judicial decision of a state court,” and raises constitutional claims that are “inextricably intertwined” with that prior state court decision. Id. at 1158. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Jeremiah Bourgeois, a Washington state prisoner, appeals pro se from the district court’s judgment dismissing his action alleging that a state court judge violated his constitutional rights by denying his motion to waive filin
Key Points
01MEMORANDUM ** Jeremiah Bourgeois, a Washington state prisoner, appeals pro se from the district court’s judgment dismissing his action alleging that a state court judge violated his constitutional rights by denying his motion to waive filin
02We review de novo whether a case should be dismissed for lack of subject matter jurisdiction based on the Rooker-Feldman doctrine.
03We may affirm on any basis supported by the record even if the district court did not rely on that basis.
04The district court lacked subject matter jurisdiction under the Rooker-Feldman doctrine because Bourgeois’s action is a “forbidden de facto appeal from a judicial decision of a state court,” and raises constitutional claims that are “inextr
Frequently Asked Questions
MEMORANDUM ** Jeremiah Bourgeois, a Washington state prisoner, appeals pro se from the district court’s judgment dismissing his action alleging that a state court judge violated his constitutional rights by denying his motion to waive filin
FlawCheck shows no negative treatment for Bourgeois v. Casey in the current circuit citation data.
This case was decided on December 28, 2007.
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