NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 24 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT GUSTAVO ESCAMILLA; GREENWAY No. 21-55417 NUTRIENTS, INC.,

D.C. No. 2:21-cv-01910-ODW-JEM

Petitioners-Appellants, v. MEMORANDUM* UNITED STATES OF AMERICA,

Respondent-Appellee.

Appeal from the United States District Court

for the Central District of California

Otis D. Wright II, District Judge, Presiding

Submitted March 16, 2022** Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.

Gustavo Escamilla and Greenway Nutrients, Inc. appeal from the district court’s judgment dismissing their action alleging violations of the Crime Victims’ Rights Act (“CRVA”), 18 U.S.C. § 3771. We have jurisdiction under 28 U.S.C. § 1291. We may affirm on any basis supported by the record. Thompson v. Paul,

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 547 F.3d 1055, 1058-59 (9th Cir. 2008). We affirm.

Appellants’ claims under the CVRA are foreclosed by this court’s previous order denying appellants’ petition for a writ of mandamus, which concluded that “the provisions of 18 U.S.C. § 3771 do not apply to this petition.” See Rebel Oil Co., Inc. v. Atl. Richfield Co., 146 F.3d 1088, 1093 (9th Cir. 1998) (“Under the doctrine of ‘law of the case,’ a court is generally precluded from reconsidering an issue that has already been decided by the same court, or a higher court in the identical case.”).

We reject as without merit appellants’ contentions that the district court erred by failing to act on allegations of attorney wrongdoing that occurred in a different action, or that Judge Wright was biased.

Appellants’ motions to take judicial notice (Docket Entry Nos. 6 and 7) are denied.

AFFIRMED.

2 21-55417