### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 41012 Summary Calendar

SILVERIO B. SALINAS , Plaintiff

- Appellant

v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for Structured Asset Securities Corporation Mortgage Pass

- Through Certificates Series 2007

- WF1; BARRETT DAFFIN FRAPPIER TURNER & ENGEL, L.L.P.; WELLS FARGO BANK, N.A.; VICKI HAMMONDS; JUDGE DUNCAN NEBLETT, JR., In dividually and in his Official Capacity as Judge in the Justice of the Peace Court, Precinct 4, Nueces County, Texas , Defendant s - Appellee s

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:13

- CV

- 147

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges

. PER CURIAM: * Plaintiff

- Appellant Silverio B. Salinas appeals the dismissal without prejudice of his civil suit, which challenged the foreclosure of his home, for lack of subject matter jurisdict ion. He contests the district court’s determination

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED December 1, 2014 Lyle W. Cayce Clerk Case: 13-41012 Document: 00512852434 Page: 1 Date Filed: 12/01/2014No. 13

- 41012
that it lacked jurisdiction under the Rooker

- Feldman doctrine 1 and argues that his claims fall within three exceptions to th e doctrine, namely, exceptions based on a void judgment, fraud, and a denial of due process. The Rooker

- Feldman doctrine bars a district court from exercising subject matter jurisdiction in an action it would otherwise be empowered to adjudicate if the federal plaintiff seek s to overturn a state judgment. Exxon Mobil Corp. v. Saudi Basic Indus. Corp ., 544 U.S. 280, 291 (2005). The doctrine

“ is confined to . . . cases brought by state

- court losers complaining of injuries caused by state

- court judgments rendered before the district court proceedings commenced and inviting distr ict court review and rejection of those judgments. ” Id . at 284. The record supports that Salinas initiated the instant federal proceedings to attack collaterally and to seek enjoinment of a preexisting state judgment in a forcible detainer suit and writ of possession rendered in favor of U.S. Bank National Association

. Salinas’s arguments implicate the validity of the s tate foreclosure judgment, and he seeks legal determinations that would allow h im to retain , or reclaim, possession of h is home. Because Salinas’ s present claims arise from the state court proceedings and are “inextricably intertwined” with the state court’s judgment

– i.e., reversal of the state court’s judgment would be a necessary part of the relief requested by Salinas , an d the source of his claims is the state judgment and writ of possession

– th e district court lacked subject matter jurisdiction to review h is claims under the Rooker

Feldman doctrine. See Exxon , 544 U.S. at 291; Davis v. Bayless , 70 F.3d 367, 375 (5th Cir. 1995).

1 The Rooker

–

Feldman doctrine refers to the doctrine derived from two Supreme Court cases, District of Columbia Court of Appeals v. Feldman , 460 U.S. 462 (1983), and Rooker v. Fidelity Trust Co. , 263 U.S. 413 (1923)

.
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Moreover, Salinas’s contention that his case presents exceptions to the Rooker

- Feldman doctrine is without merit. As to his first argument , u nder some circumstances, a federal court may review the state court record to determine if the judgment is void. See United States v. Shepherd , 23 F.3d 923, 925 (5th Cir. 1994). A Texas judgment is only v oid if “the rendering court (1) lacked jurisdiction over the party or his property; (2) lacked jurisdiction over the subject matter of the suit; (3) lacke d jurisdiction to enter the particular judgment rendered; or (4) lacked the capacity to act as a court.” Id. at 925 n. 5. Salinas’s c omplaint , however, is de void of any factual allegations that the Texas justice court did not have jurisdiction or the prop er capacity to act

. Salinas also relies on a fraud exception to the Rooker

- Feldman doctrine. However, “there is no such thing as a ‘ fraud exception ’ ” to the Rooker

- Feldman doctrine. Truong v. Bank of Am erica , N.A

. , 717 F.3d 377, 384 n.6 (5th Cir. 2013). Further, Salinas’s claims that the state court judgment was procured through fraud are not “independent” and instead are presented for purposes of contesting the parties’ rights to foreclose on his property and the implication of tho se rights for the validity of the state court action. See id . at 384 & n.3. Finally, Salinas’s attempt to place his claims within a due process exception fails, as there is no procedural due process exception to the Rooker

- Feldman doctrine. Richard v. H oechst Celanese Chem. Group, Inc ., 355 F.3d 345, 350 (5th Cir. 2003); see also Liedtke v. State Bar of Texas , 18 F.3d 315, 317 (5th Cir. 1994)

. T he judgment of the district court is AFFIRMED. The request of Defendant

- Appellees Barrett Daffin Frappier Turn er & Engel, L

. L

. P

. and Vicki Hammonds that this court strike Salinas’s appellate brief is DENIED as moot.

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