John I. Martin v. Rubel Enterprises

19 F.3d 1440 73 A.F.T.R.2d 94 -1762 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John I. MARTIN Plaintiff-Appellant v. RUBEL ENTERPRISES, et al., Defendants-Appellees. No. 92-56074. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1994. * Decided March 23, 1994. 1 Before: CANBY AND T.G. NELSON, Circuit Judges, and SHUBB, ** District Judge. 2 MEMORANDUM *** 3 John I. Martin appeals pro se the district court's summary judgment in favor of Rubel Enterprises and the United States in Martin's quiet title action to set aside the sale of his property. Neither the United States nor Rubel has entered an appearance in this appeal. 4 The appeal presents two issues: (1) whether the district court should have remanded Martin's quiet title action against Rubel to state court; and (2) whether the district court erred in granting summary judgment in favor of Rubel. I. Factual and Procedural Background 5 Martin was in debt to the United States for unpaid federal income…