Opinion
No. 07-16506.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed July 28, 2009.
Appeal from the United States District Court for the Eastern District of California, William B. Shubb, District Judge, Presiding. D.C. No. CV-06-01507-WBS.
Before: SCHROEDER, THOMAS, and WARDLAW, Circuit Judges.
A. Lewis Chandler, Berkeley, CA, pro se.
Mariam S. Marshall, Esquire, Marshall Ramos, LLP, Oakland, CA, for Appellee.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
A. Lewis Chandler appeals pro se from the district court's order dismissing his appeal from the bankruptcy court's judgment avoiding as fraudulent a transfer of property from the debtor to Chandler, and from the district court's order denying Chandler's motion for reconsideration. To the extent we have jurisdiction, it is pursuant to 28 U.S.C. § 158(d). We dismiss this appeal as moot.
This appeal is moot because the property has been sold and Chandler has already received the monetary relief to which he is entitled, and thus we cannot grant effective relief. See Nat'l Mass Media Telecomm. Sys., Inc. v. Stanley (In re Nat'l Mass Media Telecomm. Sys.), 152 F.3d 1178, 1179-80 (9th Cir. 1998) (affirming district court's dismissal of appeal on constitutional mootness grounds where property at issue was sold and court could not grant effective relief).
Contrary to Chandler's contention, vacatur of the bankruptcy court's judgment is not warranted under IRS v. Pattullo (In re Pattullo), 271 F.3d 898 (9th Cir. 2001). See id. at 902 (stating that vacatur is appropriate when the prevailing party below causes mootness on appeal).