U.S. Court of Appeals for the Ninth Circuit, 2017

Yan Sui v. Richard Marshack

Yan Sui v. Richard Marshack
U.S. Court of Appeals for the Ninth Circuit · Decided May 18, 2017 · Reinhardt, Leavy, Nguyen
691 F. App'x 374

Yan Sui v. Richard Marshack

Opinion

MEMORANDUM **

Yan Sui and Pei-Yu Yang appeal pro se from the district court’s order dismissing their 42 U.S.C. § 1983 action alleging federal and state law claims against, among others, a bankruptcy judge and the chapter 7 trustee representing Sui’s bankruptcy estate. We have jurisdiction under 28 U.S.C. § 1291. We review for abuse of discretion a court’s imposition of sanctions under its inherent power. Chambers v. NASCO, Inc., 501 U.S. 32, 55, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991). We affirm.

The district court did not abuse its discretion by imposing terminating sanctions under its “inherent equitable powers to dismiss actions for ... abusive litigation practices.” TeleVideo Sys. Inc. v. Heidenthal, 826 F.2d 915, 916 (9th Cir. 1987).

We reject as without merit plaintiffs’ contentions that the district court demonstrated bias.

Appellants’ request for judicial notice (Docket Entry No. 12) is denied.

AFFIRMED.

**

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

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