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Yagman v. Kittay

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 22, 2018
No. 17-55682 (9th Cir. Mar. 22, 2018)

Opinion

No. 17-55682

03-22-2018

STEPHEN YAGMAN, Plaintiff-Appellant, v. DAVID R. KITTAY; et al., Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 2:16-cv-07343-VAP-AFM MEMORANDUM Appeal from the United States District Court for the Central District of California
Virginia A. Phillips, Chief Judge, Presiding Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Stephen Yagman appeals pro se from the district court's judgment dismissing for lack of subject matter jurisdiction his action against various parties involved in his Chapter 7 bankruptcy case. We have jurisdiction under 28 U.S.C. § 1291. We review do novo, Colony Cove Props., LLC v. City of Carson, 640 F.3d 948, 955 (9th Cir. 2011), and we affirm.

The district court properly dismissed Yagman's action against the bankruptcy trustee and his counsel as barred by the Barton doctrine. See Beck v. Fort James Corp. (In re Crown Vantage, Inc.), 421 F.3d 963, 970, 972 (9th Cir. 2005) (Barton doctrine applies to "a bankruptcy trustee or other officer appointed by the bankruptcy court for acts done in the officer's official capacity," even after the bankruptcy is closed).

Contrary to Yagman's contention, the district court properly resolved the existence of subject matter jurisdiction on defendants' motion to dismiss under Fed. R. Civ. P. 12(b)(1).

Because we affirm the dismissal for lack of subject matter jurisdiction, we do not consider the merits of Yagman's claims.

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.


Summaries of

Yagman v. Kittay

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 22, 2018
No. 17-55682 (9th Cir. Mar. 22, 2018)
Case details for

Yagman v. Kittay

Case Details

Full title:STEPHEN YAGMAN, Plaintiff-Appellant, v. DAVID R. KITTAY; et al.…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 22, 2018

Citations

No. 17-55682 (9th Cir. Mar. 22, 2018)

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Id. at 972 (quoting Muratore v. Darr, 375 F.3d 140, 1 (1st Cir. 2004)). Yagman v. Kittay, 715 Fed. Appx. 770…