Ralph Brinkley, Petitioner-appellant, v. Terrance Marren; Robert Gaston; Thomas Leeds; Sylviatentar; Katrinka Brinkley, Respondents-appellees, 139 F.3d 903 (9th Cir. 1998)

Annotate this Case
US Court of Appeals for the Ninth Circuit - 139 F.3d 903 (9th Cir. 1998) Submitted Feb. 9, 1998**.Feb. 13, 1998

Appeal from the United States District Court for the District of Nevada George, District Judge Presiding.

Before PREGERSON, CANBY, and LEAVY, Circuit Judges.


MEMORANDUM* 

Ralph Brinkley appeals pro se the district court's order dismissing, on abstention grounds, his action, in which he sought, among other things, removal of his state court action involving the custody and support payments for his minor child.

We review for abuse of discretion a district court's abstention decision. See Coates v. Woods, 819 F.2d 236, 237 (9th Cir. 1987). Under the doctrine of equitable abstention, "federal, courts traditionally decline to exercise jurisdiction in domestic relations cases when the core issue involves the status of parent and child" even when constitutional issues are asserted. See id.; see also Ankenbrandt v. Richards, 504 U.S. 687, 705 (1992) (reaffirming the domestic relations exception of federal court jurisdiction in cases involving child custody decrees). Because the action concerns a child custody dispute involving Brinkley's minor child, we find no abuse of discretion in the district court's dismissal of Brinkley's complaint on abstention grounds.1  See Coats, 819 F.2d at 237.

AFFIRMED.

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir.R. 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

 1

Brinkley's motion to file a substitute/corrected brief is granted

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.