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In the Matter of PLANTICA LANDSCAPE CORPORATION, Debtor, Peter J. Cavanagh; et al., Appellants, v. People of The State of California, Appellee.

385 B.R. 800 (9th Cir. BAP 2008) In the Matter of PLANTICA LANDSCAPE CORPORATION, Debtor, Peter J. Cavanagh; et al., Appellants, v. People of The State of California, Appellee. No. 06-56540. United States Bankruptcy Appellate Panel of the Ninth Circuit May 6, 2008

          Submitted April 22, 2008.

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

          Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Pappas , Klein , and Brandt , Bankruptcy Judges, Presiding. BAP No. CC-05-01245-PaBK.

          Before GRABER , FISHER , and BERZON , Circuit Judges.

          MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

          Peter J. Cavanagh and Theresea E. Cavanagh appeal pro se from the decision of the Bankruptcy Appellate Panel (“BAP" ) affirming the bankruptcy court's order remanding to state court a criminal proceeding in which the Cavanaghs are defendants. We dismiss.

          We lack jurisdiction to review the BAP's decision affirming the bankruptcy court's remand order. 28 U.S.C. §§ 1447(d) , 1452(b) ; see also Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127-29 (1995) (concluding that 28 U.S.C. §§ 1447(d) and 1452(b) bars appellate review of remand orders).

          Appellants' request for judicial notice is denied as moot.

          DISMISSED.

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In re Plantica Landscape Corp.
(May 6, 2008)