Sweeney v. Great Western Bank

41 F.3d 1513 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Elaine M. SWEENEY; David P. Sweeney, Plaintiffs-Appellants, v. GREAT WESTERN BANK, a Federal Savings Bank; Cordova and Ruzicka; Gregory V. Ruzicka; Frank J. Coughlin; California Reconveyance Company, Defendants-Appellees. No. 94-55421. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 10, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 David and Elaine Sweeney appeal pro se the district court's dismissal of their section 1983 action against Great Western Bank, California Reconveyance Company and several other defendants (collectively "defendants") for failure to state a claim upon which relief may be granted pursuant to Fed.R.Civ.P. 12(b)(6), and for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). The Sweeneys alleged that the defendants violated the automatic stay provided in 11 U.S.C. Sec. 362 and violated their…