Unpublished Disposition, 868 F.2d 1273 (9th Cir. 1989)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

No. 87-4376.

United States Court of Appeals, Ninth Circuit.

Submitted^* Dec. 29, 1988.Decided Feb. 1, 1989.

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

MEMORANDUM^**

Dr. Michael Tempel appeals the order dismissing his 42 U.S.C. § 1983 action against his ex-wife, Janet Kehrberg Tempel. Michael contends that certain actions taken by Janet during the Tempels' divorce proceedings interfered with his constitutional rights. We do not reach that question because this action involves domestic relations matters. See Thompson v. Thompson, 798 F.2d 1547, 1558 (9th Cir. 1986). State court proceedings regarding property and custody matters were still ongoing at the time of the district court's ruling. Accordingly the district court did not abuse its discretion in applying the domestic relations abstention doctrine and dismissing Michael's action. See e.g., Coats v. Woods, 819 F.2d 236, 237 (9th Cir.), cert. denied, 108 S. Ct. 46 (1987); Fern v. Turmah, 736 F.2d 1367, 1370 (9th Cir. 1984), cert. denied, 469 U.S. 1210 (1985).

AFFIRMED with costs and attorney fees to defendant.

The panel unanimously finds that this case is appropriate for submission without oral argument per FPAP 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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