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Real Property: Other | Alaska
Notice of Change of Address
NOTICE of Change of Address by Michael Bruce Baylous (Baylous, Michael)
Civil Rights: Employment | Oregon
Order on Motion for Clarification
ORDER by Judge Mustafa T. Kasubhai: State Defendants request clarification regarding the Court's dismissal of Plaintiff's Claim 21 in the Court's Opinion and Order (ECF No. 343 ). ECF No. 357 . Plaintiff's Claim 21 sought declaratory and injunctive relief against Defendant OED. Third Am. Compl. 43-44, ECF No. 297 . The Court held in its Opinion that "Plaintiff's claims for declaratory and injunctive relief are dismissed with prejudice" because she lacked standing to seek prospective relief. Op. & Order 9, ECF No. 343 . However, to the extent Plaintiff's Claim 21 seeks any other relief, Defendants' Motion (ECF No. 357 ) is GRANTED, and the Court clarifies that it also lacks subject matter jurisdiction over Plaintiff's appeal of Defendant OED's denial of unemployment benefits. See Guevarra v. Seton Med. Ctr., 642 Fed. Appx. 683, 686 (9th Cir. 206) (mem.) (holding that Rooker-Feldman applied such that the court lacked subject matter jurisdiction to hear appeal of a state board's denial of unemployment benefits). Even if that were not the case, Plaintiff's Claim 21 additionally fails to state a claim for relief for the reasons identified in the Court's Findings & Recommendations (ECF No. 139 ). (bd)
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