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Richards v. Marshack (In re Richards)

United States Court of Appeals, Ninth Circuit
Jun 3, 2024

NOT FOR PUBLICATION

Submitted May 29, 2024.[**]

Appeal from the United States District Court for the Central District of California D.C. No. 8:22-cv-00329-SB, Stanley Blumenfeld, Jr., District Judge, Presiding.

Before: FRIEDLAND, BENNETT, and SANCHEZ, Circuit Judges.

MEMORANDUM [*]

Chapter 7 debtor Alicia Marie Richards appeals pro se from the district court's judgment affirming the bankruptcy court's order holding her in civil contempt for failure to obey the court's order to turn over real property. We dismiss this appeal as moot.

This appeal is moot because during the pendency of her appeals, the bankruptcy court adjudged Richards to be no longer in contempt, and thus no live case or controversy remains for adjudication. See Thomassen v. United States, 835 F.2d 727, 731 (9th Cir. 1987) (recognizing that "the purging of the contempt ordinarily renders the controversy moot" because "in most instances the court has no remedy to afford the party contesting the now purged contempt").

Because Richards's appeal is moot, we do not consider her arguments addressing the underlying merits of the appeal.

Appellee's request for summary affirmance, set forth in the answering brief, is denied.

DISMISSED.

[*] 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).