NHUONG NGUYEN V. JACKSON LUCKY, No. 17-56701 (9th Cir. 2018)

Annotate this Case

Download PDF

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED APR 16 2018 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT NHUONG VAN NGUYEN, Plaintiff-Appellant, No. U.S. COURT OF APPEALS 17-56701 D.C. No. 5:17-cv-01752-JGB-KK v. MEMORANDUM* JACKSON LUCKY; et al., Defendants-Appellees. Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding Submitted April 11, 2018** Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges. Nhuong Van Nguyen appeals pro se from the district court’s judgment dismissing his action arising from a state court family law action. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal under the Rooker–Feldman doctrine. Noel v. Hall, 341 F.3d 1148, 1154 * 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). (9th Cir. 2003). We affirm. The district court properly dismissed Nguyen’s action as barred by the Rooker–Feldman doctrine because the complaint attacks a determination in Nguyen’s prior state court case. See id. at 1155-57 (Rooker–Feldman doctrine bars de facto appeals of a state court decision). Contrary to Nguyen’s contention that he has alleged “fraud upon the court,” the district court properly concluded that Nguyen did not allege facts showing that an adverse party committed an extrinsic fraud on the state court. See Kougasian v. TMSL, Inc., 359 F.3d 1136, 1140-41 (9th Cir. 2004) (defining extrinsic fraud, and recognizing that the Rooker–Feldman doctrine does not apply if extrinsic fraud prevented a party from presenting his or her claim in state court). AFFIRMED. 2 17-56701

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.