Public-domain · open source
OpenJurist

68 F. App'x 57

Ealey v. Briscoe

U.S. Courts of Appeals

Decided June 17, 2003

U.S. Courts of Appeals · decided 2003-06-17

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Delta Savings Bank California Savings Association · Fontana Empire Center Llc II Llc v. City of Fontana R & Llc

Decided 2003-06-17

¶1MEMORANDUM

¶2Nevada state prisoner Val Jerome Ealey appeals pro se the summary judgment in his 42 U.S.C. § 1983 action, which alleged defendants violated his constitutional rights by seizing $7,100 in currency from his luggage. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Delta Sav. Bank v. United States, 265 F.3d 1017, 1021 (9th Cir.2001), and we affirm.

¶3The district court properly determined that it lacked subject matter jurisdiction because Ealey5s action effectively seeks review of a final, state court decision. See Fontana Empire Center, LLC v. City of *58Fontana, 307 F.3d 987, 992 (9th Cir.2002) (federal district courts lack jurisdiction to review final, state court judgments).

¶4Ealey’s remaining contentions lack merit.

¶5We deny Ealey’s motion for change of venue filed October 15, 2002.

¶6AFFIRMED.

¶7 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

/68/fappx/57 · .json · Public domain