99 F. App'x 84

Andrea GREEN, Plaintiff—Appellant, v. HOUSING AUTHORITY OF THE CITY OF LAS VEGAS, NEVADA; Pardiz Ghadiri, Defendants—Appellees.

No. 03-15919.

D.C. No. CV-02-01589-JCM/PAL.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 16, 2004.

Decided April 27, 2004.

David A. Olshan, Nevada Fair Housing Center, Las Vegas, NV, for Plaintiff-Appellant.

Theodore Parker, III, Parker Nelson & Arm, Chtd., Las Vegas, NV, for Defendants-Appellees.

Before T.G. NELSON, W. FLETCHER, and BERZON, Circuit Judges.

MEMORANDUM *

Andrea Green appeals from the dismissal of her complaint. The district court found that Green’s federal complaint was a forbidden de facto appeal from a state court judgment of the Nevada Justice Court, and that the district court therefore lacked subject matter jurisdiction over the complaint under the Rooker-Feldman doctrine. See Noel v. Hall, 341 F.3d 1148 (9th Cir.2003).

We take judicial notice of the fact that the Nevada District Court, Nevada’s appellate court in this instance, has reversed the decision of the Nevada Justice Court, the state court judgment from which the district court had held that Green had brought a forbidden de-facto appeal. Because therefore there is no longer an underlying state court judgment in Green’s case, Rooker-Feldman does not bar subject matter jurisdiction in the district court. See Noel, 341 F.3d at 1164. Our disposition does not address the merits of a possible dismissal of Green’s com*85plaint under the principles of abstention articulated in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971).

We VACATE the order of the district court and REMAND for further proceedings.

Green v. Housing Authority of Las Vegas
99 F. App'x 84

Case Details

Name
Green v. Housing Authority of Las Vegas
Decision Date
Apr 27, 2004
Citations

99 F. App'x 84

Jurisdiction
United States

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