Yan Sui v. Richard Marshack

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 18 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
YAN SUI; PEI-YU YANG, No. 15-56130
Plaintiffs-Appellants, D.C. No. 8:15-cv-00059-JAK-AJW
v.
MEMORANDUM*
RICHARD ALAN MARSHACK, an
individual; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
John A. Kronstadt, District Judge, Presiding
Submitted May 8, 2017**
Before: REINHARDT, LEAVY, and NGUYEN, Circuit Judges.
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
*
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).
for abuse of discretion a court’s imposition of sanctions under its inherent power.
Chambers v. NASCO, Inc., 501 U.S. 32, 55 (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.
2 15-56130