Lloyd S. Mulvey Inc. Trust v. Young

Full title: LLOYD S. MULVEY INC. TRUST, an irrevocable family trust dated August 31…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 17, 2002

36 F. App'x 638 (9th Cir. 2002)

Opinion

36 Fed.Appx. 638 (9th Cir. 2002) LLOYD S. MULVEY INC. TRUST, an irrevocable family trust dated August 31, 1990, Lipscomb, Trustee, Plaintiff, v. Dawn Lee YOUNG; et al., Defendants. Chase Bank of Texas, N.A., Intervenor, v. Leo F. Burger, Defendant in Intervention--Appellant. No. 01-56235. D.C. No. CV-01-03564-FMC. United States Court of Appeals, Ninth Circuit. June 17, 2002

Submitted June 10, 2002. ^*

* This panel unanimously finds this case suitable for decision without oral argument and denies Burger's request for oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California Florence-Marie Cooper, District Judge, Presiding.

Before O'SCANNLAIN, BERZON, and RAWLINSON, Circuit Judges.

MEMORANDUM ^**

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

Leo Burger appeals pro se the district court's dismissal of a California state unlawful detainer action Burger attempted to remove after the state court dismissed the action. We have jurisdiction pursuant to 28 U.S.C. § 1291.

We affirm the district court's dismissal because Burger cannot remove a case that is no longer pending in the state court. See Ristuccia v. Adams, 406 F.2d 1257, 1258 (9th Cir.1969) (per curiam).

We deny Burger's request for leave to file a supplemental brief.

AFFIRMED.