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Cooper v. Ramos

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Post-Conviction Relief
  • Date Filed: 12-27-2012
  • Case #: 11-57144
  • Judge(s)/Court Below: Circuit Judge McKeown for the Court; Circuit Judges Gould and Tallman

Under the Rooker-Feldman doctrine, 28 U.S.C. 搂 1257 vests the power to hear direct appeals from state court judgments to the United States Supreme Court, not to federal district courts. Although the doctrine does not preclude a plaintiff from bringing an 鈥渋ndependent claim鈥 that was not the subject of a previous state court judgment, if subsequent claims are 鈥渋nextricabl[y] intertwined鈥 with a claim the court does not have jurisdiction to hear, the court will also be barred from hearing those subsequent claims.

After the Court determined that it had jurisdiction to consider the district court鈥檚 ruling, the Court affirmed the district court鈥檚 dismissal of a complaint brought by Kevin Cooper, a convicted murderer who challenged a state court鈥檚 denial of his request to obtain additional DNA testing pursuant to a state statute. Cooper sought post-conviction DNA testing of three pieces of evidence under California Penal Code 搂 1405. The Superior Court denied Cooper鈥檚 motion because he had not produced any evidence to support his theory of tampering. The Court determined that the essence of his claim was barred under the Rooker-Feldman doctrine because it is 鈥渁t least in part a forbidden de facto appeal of a state court judgment.鈥 Cooper鈥檚 second and third claims of conspiracy to prevent him from obtaining DNA testing and conspiracy to deny fair investigation and conviction are also barred under the doctrine. They are 鈥渋nextricabl[y] intertwined鈥 with the Superior Court鈥檚 order denying his request for DNA testing, which is exactly the type of horizontal review of state court decisions that the Rooker-Feldman doctrine bars. The Court also held that the district court did not err in implicitly denying Cooper鈥檚 request to amend the complaint because his claims were collaterally estopped. Therefore, amendment would not save any of his claims. AFFIRMED.

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