NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 25 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVID PALAND, No. 15-15273
Plaintiff-Appellant, D.C. No. 3:14-cv-00631-RS
v.
MEMORANDUM*
ROY RICHARD WILLIAMS; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
Richard Seeborg, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
David Paland appeals pro se from the district court’s judgment dismissing
his action alleging federal and state law claims arising from the imposition of
charges for water and sewer services. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo. Naffe v. Frey, 789 F.3d 1030, 1035 (9th Cir. 2015)
*
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).
(subject matter jurisdiction); Rhoades v. Avon Products, Inc., 504 F.3d 1151, 1156
(9th Cir. 2007) (failure to state a claim); Noel v. Hall, 341 F.3d 1148, 1154 (9th
Cir. 2003) (dismissal under the Rooker-Feldman doctrine). We affirm.
The district court properly dismissed Paland’s claims regarding the pre-
Measure D charges as barred by the Rooker-Feldman doctrine because Paland’s
claims sought review of a prior state court judgment. See Noel, 341 F.3d at 1163-
65 (Rooker-Feldman bars de facto appeals of a state court decision and
constitutional claims “inextricably intertwined” with the 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 or require the district court to interpret the application of state laws or
procedural rules” (citations and internal quotation marks omitted)).
The district court properly dismissed Paland’s post-Measure D claims for
lack of subject matter jurisdiction because these claims did not raise a substantial
federal issue. See 28 U.S.C. § 1331; Provincial Gov’t of Marinduque v. Placer
Dome, Inc., 582 F.3d 1083, 1086-87 (9th Cir. 2009) (discussing requirements for
federal question jurisdiction under § 1331).
The district court properly dismissed Paland’s Racketeer Influenced and
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Corrupt Organizations Act (“RICO”) claim because Paland failed to allege facts
sufficient to state a plausible claim. See Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009) (to avoid dismissal, “a complaint must contain sufficient factual matter,
accepted as true, to state a claim to relief that is plausible on its face” (citation
omitted)); Sanford v. MemberWorks, Inc., 625 F.3d 550, 557 (9th Cir. 2010)
(elements of RICO claim).
The district court did not abuse its discretion by declining to exercise
supplemental jurisdiction over Paland’s breach of contract claim. See Carnegie-
Mellon Univ. v. Cohill, 484 U.S. 343, 350 n.7 (1988) (where all federal claims are
eliminated before trial, courts generally should decline to exercise supplemental
jurisdiction over remaining state law claims); Tritchler v. County of Lake, 358 F.3d
1150, 1153 (9th Cir. 2004) (standard of review).
The district court did not abuse its discretion by denying Paland’s motion to
strike defendants’ motion to dismiss. See El Pollo Loco, Inc. v. Hashim, 316 F.3d
1032, 1038 (9th Cir. 2003) (providing standard of review).
We do not consider any arguments not specifically and distinctly raised in
the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
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