Unpublished Disposition, 868 F.2d 1273 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 868 F.2d 1273 (9th Cir. 1989)

Michael D. TEMPEL, M.D., Plaintiff-Appellant,v.Janet K. TEMPEL (Kehrberg), Defendant-Appellee,andMichael Clifford, Defendant-Appellee.

No. 87-4373.

United States Court of Appeals, Ninth Circuit.

Submitted^* Dec. 29, 1988.Decided Feb. 7, 1989.

Before GOODWIN, Chief Judge, and BARNES and KILKENNY, Senior Circuit Judges.

MEMORANDUM^**

Dr. Michael Tempel appeals an order dismissing his 42 U.S.C. § 1983 action against his ex-wife Janet Tempel and one Michael Clifford. The appeal is frivolous as it seeks damages for an unconstitutional taking of real property in state court divorce proceedings.

Because this action involves domestic relations matters, and state court proceedings regarding these matters were still pending at the time of the district court's ruling, the district court did not abuse its discretion in applying the domestic relations abstention doctrine and dismissing the action. See e.g., Coats v. Woods, 819 F.2d 236, 237 (9th Cir.), cert. denied, 108 S. Ct. 46 (1987); Fern v. Turman, 736 F.2d 1367, 1370 (9th Cir. 1984), cert. denied, 469 U.S. 1210 (1985).

Defendants are entitled to costs and attorney fees on appeal.

AFFIRMED.

The panel unanimously finds that this case is appropriate for submission without oral argument per FRAP 34(a) and CA9 Rule 34-4

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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