Sandra Scott Tabb v. U.s. Bank, as Trustee;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SANDRA SCOTT TABB,
Plaintiff-Appellant,
v.
U.S. BANK, as Trustee; et al.,
Defendants-Appellees.
No. 16-35795
D.C. No. 3:16-cv-00446-MO
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Michael W. Mosman, Chief Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Sandra Scott Tabb appeals pro se from the district court’s judgment
dismissing her diversity action alleging foreclosure-related claims. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under the
Rooker-Feldman doctrine. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003). We
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
OCT 5 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-35795
affirm.
The district court properly concluded that it lacked subject matter
jurisdiction under the Rooker-Feldman doctrine over Count I because Tabb’s claim
sought review of a prior state court judgment. See id. (the Rooker-Feldman
doctrine bars de facto appeals of a state court decision); see also Reusser v.
Wachovia Bank, N.A., 525 F.3d 855, 859 (9th Cir. 2008) (a de facto appeal is one
in which “the adjudication of the federal claims would undercut the state ruling”
(citations and internal quotation marks omitted)).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.

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