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Brian Smith, (Pr v. Randy Grounds

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 12, 2011

BRIAN SMITH, (PR) PETITIONER,
v.
RANDY GROUNDS, WARDEN,
RESPONDENT.

The opinion of the court was delivered by: Susan Illston United States District Judge

ORDER OF DISMISSAL

Petitioner filed this action to appeal a decision of the Monterey County Superior Court 15 that rejected his habeas petition in which he had requested the state court to implement a plan 16 to reduce prison overcrowding. Federal district courts are courts of original jurisdiction and may 17 not review the final determinations of a state court. See District of Columbia Court of Appeals 18 v. Feldman, 460 U.S. 462, 482-86 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 415-16 19 (1923) (district courts may not exercise appellate jurisdiction over state courts). The Rooker-20 Feldman doctrine essentially bars federal district courts "from exercising subject matter 21 jurisdiction over a suit that is a de facto appeal from a state court judgment." Kougasian v. 22 TMSL, Inc., 359 F.3d 1136, 1139 (9th Cir. 2004). As petitioner clearly is trying to appeal the 23 state court decision, this action must be dismissed for lack of subject matter jurisdiction. 24 The clerk shall close the file.

IT IS SO ORDERED.

United States District Court For the Northern District of California

20111212

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