Ezor v. Goetz

698 F. App'x 442 (9th Cir. 2017) · United States Court of Appeals for the Ninth Circuit · October 4, 2017

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

  1. 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.
  2. 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.
  3. The court rejected Ezor's bias and disqualification contentions as unsupported by the record.
  4. 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

  1. Whether the district court had subject matter jurisdiction over Ezor's claims under the Rooker-Feldman doctrine.
  2. Whether the extrinsic-fraud exception to Rooker-Feldman applied.
  3. Whether Ezor's arguments concerning judicial bias and disqualification were properly before the court.
  4. 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.

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