NHUONG VAN NGUYEN v. LUCKY (2018)

MEMORANDUM **

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 (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.