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No. 8646770
United States Court of Appeals for the Ninth Circuit
Drum v. Supreme Court
No. 8646770 · Decided December 28, 2007
No. 8646770·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. 8646770
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Joel Drum, a California attorney who was suspended from the practice of law for misconduct, appeals pro se from the district court’s judgment dismissing for lack of subject matter jurisdiction his action under 42 U.S.C. § 1983 alleging due process violations arising out of his State Bar disciplinary proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s jurisdictional dismissal based on the Rooker-Feldman doctrine. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir.2003). We affirm. The district court properly concluded that the Rooker-Feldman doctrine barred Drum’s action because it is a “forbidden de facto appeal” of suspension proceedings, and raises constitutional claims that are “inextricably intertwined” with prior state court decisions. Id. at 1158 ; see also Mothershed v. Justices of the Supreme Court, 410 F.3d 602, 607-08 (9th Cir.2005) (holding that district court lacked subject matter jurisdiction pursuant to Rooker-Feldman doctrine to adjudicate attorney’s challenge to his State Bar disciplinary proceedings). Drum’s remaining contentions are unpersuasive. 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 ** Joel Drum, a California attorney who was suspended from the practice of law for misconduct, appeals pro se from the district court’s judgment dismissing for lack of subject matter jurisdiction his action under 42 U.S.C.
Key Points
01MEMORANDUM ** Joel Drum, a California attorney who was suspended from the practice of law for misconduct, appeals pro se from the district court’s judgment dismissing for lack of subject matter jurisdiction his action under 42 U.S.C.
02§ 1983 alleging due process violations arising out of his State Bar disciplinary proceedings.
03We review de novo a district court’s jurisdictional dismissal based on the Rooker-Feldman doctrine.
04The district court properly concluded that the Rooker-Feldman doctrine barred Drum’s action because it is a “forbidden de facto appeal” of suspension proceedings, and raises constitutional claims that are “inextricably intertwined” with pri
Frequently Asked Questions
MEMORANDUM ** Joel Drum, a California attorney who was suspended from the practice of law for misconduct, appeals pro se from the district court’s judgment dismissing for lack of subject matter jurisdiction his action under 42 U.S.C.
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This case was decided on December 28, 2007.
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