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Nicdao v. Cash Alaska II, LLC

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 3, 2013
503 F. App'x 536 (9th Cir. 2013)

Opinion

No. 11-35102 D.C. No. 3:10-cv-00151-TMB

01-03-2013

In re: MARIA ELENA GAMBOA NICDAO, Debtor, MARIA ELENA GAMBOA NICDAO, Appellant, v. CASH ALASKA II, LLC, Appellee.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the District of Alaska

Timothy M. Burgess, District Judge, Presiding

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

Maria Elena Gamboa Nicdao appeals pro se from the district court's judgment dismissing her second appeal from the bankruptcy court's amended judgment in her Chapter 7 adversary proceeding. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo, Decker v. Tramiel (In re JTS Corp.), 617 F.3d 1102, 1109 (9th Cir. 2010), and we affirm.

The district court properly dismissed Nicdao's second appeal because, after the bankruptcy court amended its judgment on remand following Nicdao's first appeal, there were no additional issues for the district court to review and it was precluded from reconsidering previously decided issues. See Thomas v. Bible, 983 F.2d 152, 154 (9th Cir. 1993) (law of the case doctrine precludes reconsideration of an issue that has already been decided by the same court, or a higher court, in the identical case). Nicdao also failed to establish grounds based upon which the district court could exercise its discretion not to apply the preclusive law of the case doctrine and reconsider issues it had decided in the first appeal. See id. at 155 (discussing limited exceptions to the law of the case doctrine).

We do not address issues raised by Nicdao for the first time on appeal. See Brown v. Gen. Tel. Co. of Cal., 108 F.3d 208, 210, n.1 (9th Cir. 1997).

AFFIRMED.


Summaries of

Nicdao v. Cash Alaska II, LLC

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 3, 2013
503 F. App'x 536 (9th Cir. 2013)
Case details for

Nicdao v. Cash Alaska II, LLC

Case Details

Full title:In re: MARIA ELENA GAMBOA NICDAO, Debtor, MARIA ELENA GAMBOA NICDAO…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jan 3, 2013

Citations

503 F. App'x 536 (9th Cir. 2013)