Summary
The Ninth Circuit affirmed the dismissal of A. Edward Ezor’s federal and state claims arising from probate proceedings. The court held that the claims constituted a forbidden de facto appeal of a final state-court judgment under the Rooker-Feldman doctrine and rejected the asserted extrinsic-fraud exception, bias arguments, and other appellate requests.
Holdings
- The district court properly lacked subject matter jurisdiction because Ezor's claims constituted a forbidden de facto appeal from a prior final state court judgment.
- The extrinsic-fraud exception did not apply because Ezor alleged no facts showing that extrinsic fraud prevented him from presenting his claims in state court.
- The court rejected Ezor's bias and disqualification contentions as unsupported by the record.
- The court would not consider matters not specifically and distinctly raised and argued in the opening brief or arguments and allegations raised for the first time on appeal.
Questions Presented
- Whether the district court had subject matter jurisdiction over Ezor's claims under the Rooker-Feldman doctrine.
- Whether the extrinsic-fraud exception to Rooker-Feldman applied.
- Whether Ezor's arguments concerning judicial bias and disqualification were properly before the court.
- Whether Ezor's motions to strike the answering brief and to interplead disputed funds should be granted.
Disposition
affirmed
Cases Cited (4)
- Noel v. Hall, 341 F.3d 1148, 1154, 1163 (9th Cir. 2003)(followed)
- Bianchi v. Rylaarsdam, 334 F.3d 895, 901-02 (9th Cir. 2003)(followed)
- Kougasian v. TMSL, Inc., 359 F.3d 1136, 1140 (9th Cir. 2004)(followed)
- Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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