Runyan

Runyan v. Bach

Good Law
229 F. App'x 483
United States Court of Appeals for the Ninth CircuitApril 23, 2007No. 05-36124California263 words

Opinion

Lead Opinion

MEMORANDUM **

John N. Bach, a former practicing attorney, appeals pro se from the district court’s order granting attorney’s fees and costs to plaintiffs Cody Runyan and Galen Woelk pursuant to 28 U.S.C. § 1447 (c) on the ground that Bach improperly removed to federal court an execution proceeding they filed against him. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, Durham v. Lockheed Martin Corp., 445 F.3d 1247, 1250 (9th Cir.2006), and we affirm.

The district court did not abuse its discretion in awarding attorney’s fees to Appellees because the record demonstrates that there was no “objectively reasonable basis” for Bach’s removal of the state proceedings. Martin v. Franklin Capital Corp., 546 U.S. 132 , 126 S.Ct. 704, 711 , 163 L.Ed.2d 547 (2005). We reject Bach’s contention that the district court was required to include these precise words in an order that predated the Supreme Court’s decision in Martin .

We lack jurisdiction to review the district court’s remand order because that order was based, in part, on 28 U.S.C. § 1447 (c). See 28 U.S.C. § 1447 (d); Durham, 445 F.3d at 1250 . For the same reason, we lack jurisdiction to…

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