NIKIFOROS KALFOUNTZOS V. SACRAMENTO COUNTY SUPERIOR COU, No. 11-15402 (9th Cir. 2012)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 12 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT NIKIFOROS P. KALFOUNTZOS, Plaintiff - Appellant, No. 11-15402 D.C. No. 2:10-cv-02734-JAMEFB v. SACRAMENTO COUNTY SUPERIOR COURT; CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, Calpers, MEMORANDUM * Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding Submitted February 28, 2012 ** Before: LEAVY, THOMAS, and CHRISTEN, Circuit Judges. Nikiforos P. Kalfountzos appeals pro se from the district court s judgment dismissing his action challenging the California Public Employees Retirement * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). System s denial of his application for retirement benefits. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003)); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)). We affirm. The district court properly dismissed Kalfountzos s action sua sponte as barred by the Rooker-Feldman doctrine because the action is a forbidden de facto appeal of a state court judgment and raises constitutional claims that are inextricably intertwined with the state court judgment. Noel, 341 F.3d at 1158; see also Elwood v. Drescher, 456 F.3d 943, 948 (9th Cir. 2006) ( [F]ederal courts must generally address jurisdictional issues first. ). Kalfountzos s remaining contentions are unpersuasive. AFFIRMED. 2 11-15402

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.