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In re Fearing

United States Court of Appeals, Ninth Circuit
Oct 14, 2009
348 F. App'x 331 (9th Cir. 2009)

Opinion

No. 08-56977.

Submitted August 20, 2009.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed October 14, 2009.

Roger N. Fearing, Moorpark, CA, pro se.

Christine E. Fearing, Moorpark, CA, pro se.

Peter Alan Davidson, Ervin Cohen and Jessup, Beverly Hills, CA, for Appellee.

Appeal from the United States District Court for the Central District of California, Virginia A. Phillips, District Judge, Presiding. D.C. No. 2:07-cv-05281-VAP.

Before: HUG, SKOPIL and BEEZER, Circuit Judges.



MEMORANDUM

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


Bankruptcy debtors Roger and Christine Fearing ("the Fearings") appeal pro se from the district court's dismissal of their appeal from the bankruptcy court's order denying their motion for "adequate protection." We have jurisdiction under 28 U.S.C. § 158(d). We dismiss this appeal as moot.

The facts of this case are known to the parties and we do not repeat them here.

In light of our determination in case number 08-56995 that the bankruptcy court correctly determined that the Fearings are not entitled to any proceeds derived from the sale of their former residence, this appeal is moot. See Deakins v. Monaghan, 484 U.S. 193, 199, 108 S.Ct. 523, 98 L.Ed.2d 529 (1988) (stating that federal courts are limited to the adjudication of actual, ongoing controversies).

DISMISSED.


Summaries of

In re Fearing

United States Court of Appeals, Ninth Circuit
Oct 14, 2009
348 F. App'x 331 (9th Cir. 2009)
Case details for

In re Fearing

Case Details

Full title:In the Matter of: Roger N. FEARING; Christine E. Fearing, Debtors, Roger…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 14, 2009

Citations

348 F. App'x 331 (9th Cir. 2009)