MARK MARLOW V. JOHN HOTCHKISS, No. 16-35211 (9th Cir. 2017)

Annotate this Case

Download PDF

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED OCT 30 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT MARK MARLOW, husband; NANCY MARLOW, wife, U.S. COURT OF APPEALS No. 16-35211 D.C. No. 2:15-cv-00131-TOR Plaintiffs-Appellants, MEMORANDUM* v. JOHN HOTCHKISS, in his individual capacity; et al., Defendants-Appellees. Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice, Chief Judge, Presiding Submitted October 23, 2017** Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges. Mark Marlow and Nancy Marlow appeal pro se from the district court’s judgment dismissing their action alleging various claims related to their real property. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a * 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). dismissal under the Rooker-Feldman doctrine. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003). We affirm. The district court properly dismissed the Marlows’ action for lack of subject matter jurisdiction under the Rooker-Feldman doctrine because the claims constituted a forbidden “de facto appeal” of a prior state court judgment or were “inextricably intertwined” with that judgment. See id. at 1163-65 (discussing proper application of the Rooker-Feldman doctrine); see also Henrichs v. Valley View Dev., 474 F.3d 609, 616 (9th Cir. 2007) (Rooker-Feldman doctrine barred plaintiff’s claim because the relief sought “would require the district court to determine that the state court’s decision was wrong and thus void”). AFFIRMED. 2 16-35211

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.