SANDRA TABB V. U.S. BANK N.A., No. 16-35795 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED OCT 5 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT SANDRA SCOTT TABB, Plaintiff-Appellant, U.S. COURT OF APPEALS No. 16-35795 D.C. No. 3:16-cv-00446-MO v. MEMORANDUM* U.S. BANK, as Trustee; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Oregon Michael W. Mosman, Chief Judge, Presiding Submitted September 26, 2017** Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges. Sandra Scott Tabb appeals pro se from the district court’s judgment dismissing her diversity action alleging foreclosure-related claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under the Rooker-Feldman doctrine. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003). We * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). affirm. The district court properly concluded that it lacked subject matter jurisdiction under the Rooker-Feldman doctrine over Count I because Tabb’s claim sought review of a prior state court judgment. See id. (the Rooker-Feldman doctrine bars de facto appeals of a state court decision); see also Reusser v. Wachovia Bank, N.A., 525 F.3d 855, 859 (9th Cir. 2008) (a de facto appeal is one in which “the adjudication of the federal claims would undercut the state ruling” (citations and internal quotation marks omitted)). We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). AFFIRMED. 2 16-35795

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