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In re Kincaid

United States Court of Appeals, Ninth Circuit
Mar 29, 2006
175 F. App'x 800 (9th Cir. 2006)

Opinion

Submitted March 8, 2006.

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

NOT FOR PUBLICATION.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

Estrella Kincaid, Sacramento, CA, pro se.

Bankruptcy Court for the Eastern District of California, Sacramento, CA, pro se.

Jan P. Johnson, Sacramento, CA, pro se.


Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Montali, Perris, and Smith, Bankruptcy Judges, Presiding. BAP No. EC-04-01513-MPS.

Before: CANBY, BEEZER, and KOZINSKI, 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 provided by 9th Cir. R. 36-3.

Chapter 13 debtor Estrella Kincaid appeals pro se from the Bankruptcy Appellate Panel's order denying her motion for a writ of mandamus. We have jurisdiction under 28 U.S.C. § 158(d). We review for abuse of discretion, Vizcaino v. United States Dist. Ct. for the Western Dist. of Wash., 173 F.3d 713, 719 (9th Cir.1999), and we affirm.

The Bankruptcy Appellate Panel did not abuse its discretion in concluding that an extraordinary writ was inappropriate where, as here, direct appeal of the bankruptcy court's decision was available. See DeGeorge v. United States Dist. Ct. for the Central Dist. of Calif., 219 F.3d 930, 934-35 (9th Cir.2000).

AFFIRMED.


Summaries of

In re Kincaid

United States Court of Appeals, Ninth Circuit
Mar 29, 2006
175 F. App'x 800 (9th Cir. 2006)
Case details for

In re Kincaid

Case Details

Full title:In re: James M. KINCAID; In re: Estrella Kincaid, Debtors, v. Bankruptcy…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 29, 2006

Citations

175 F. App'x 800 (9th Cir. 2006)