Campbell v. Stein
Docket: No. 07-56480
Court: Court of Appeals for the Ninth Circuit; March 1, 2009; Federal Appellate Court
Carmen E. Campbell's appeal against the district court's dismissal of her medical malpractice action without leave to amend has been affirmed. The dismissal was based on a lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1). The court found no federal question jurisdiction because Campbell did not allege that Dr. Alexander Stein acted under color of state law, which is necessary for a claim under 42 U.S.C. § 1983. Additionally, Campbell failed to establish diversity jurisdiction under 28 U.S.C. § 1332. Campbell also contested the state court's dismissal of her medical malpractice claim, which was filed after the statute of limitations had expired, as well as a state court order designating her a vexatious litigant. However, her challenge to the malpractice dismissal is barred by the Rooker-Feldman doctrine, which prevents a losing party in state court from seeking federal review if the claims are closely related to state court matters. The court did not address the vexatious litigant order since it was not raised in the district court. Other arguments presented by Campbell were found unpersuasive. The decision is not to be published and does not serve as precedent, except as specified by 9th Cir. R. 36-3.