Franceschi
Franceschi v. State Bar
Opinion
Lead Opinion
MEMORANDUM **
Ernest Franceschi appeals the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s dismissal of Franceschi’s lawsuit on grounds of Eleventh Amendment sovereign immunity and Younger abstention. Conducting de novo review, we affirm entirely on the basis of Younger abstention. See Mitchell v. Franchise Tax Bd. (In re Mitchell), 209 F.3d 1111, 1115 (9th Cir.2000); Green v. City of Tucson, 255 F.3d 1086, 1093 (9th Cir.2001) (en banc). Because the parties are familiar with the factual and procedur *89 al history of this case, we do not recount it here.
I
As a threshold issue, we must consider sua sponte our jurisdiction over Franceschi’s appeal. See Lievsay v. W. Fin. Sav. Bank (In re Lievsay), 118 F.3d 661, 662 (9th Cir.1997). We have jurisdiction only if the BAP incorrectly determined that the bankruptcy court’s order dismissing Franceschi’s complaint was interlocutory. See id.; 28 U.S.C. § 158 (d). We review de novo the BAP’s decision that the bankruptcy court’s order was not final, Alexander v. Compton (In re Bonham), 229 F.3d 750, 761 (9th Cir.2000), and conclude that the decision was erroneous.
“28 U.S.C. section 158(d) affords a more…