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In re Comora

filed*fn*: September 3, 1992.

IN RE: EMANUEL M. COMORA, DEBTOR. EMANUEL M. COMORA, PLAINTIFF-APPELLANT,
v.
DAVID RADELLL; IRVIN RADELL; NANCY RADELL; MARY RADELL, ET AL., DEFENDANTS-APPELLEES.



Appeal from the United States District Court for the Central District of California. D.C. No. CV-90-3768-ER. Edward Rafeedie, District Judge, Presiding

Before: Kilkenny, Goodwin and Ferguson, Circuit Judges.

MEMORANDUM

Emanuel Comora appeals pro se from the district court's affirmance of the bankruptcy court's dismissal with prejudice of Comora's adversary proceeding challenging the Radells' sale of two parcels of realty and their application of the sale proceeds to a judgment previously obtained by the Radells against Comora and others. Although Comora asserts at least six grounds of error in his appeal,*fn1 the sole issue before us is whether Comora's action is barred by prior decisions of this court and/or other tribunals.

As evidenced both by the record in this case and from our taking judicial notice of our own court files, all of the claims underlying this appeal*fn2 have previously been litigated and determined adversely to Comora in various decisions of this court, the Ninth Circuit Bankruptcy Appellate Panel, and the Second Appellate District of the California Court of Appeals. Comora's effort to collaterally attack these prior rulings by reframing his earlier arguments constitutes nothing more than an attempted end-run around the doctrines of claim and issue preclusion. Cf. Clark v. Bear Stearns & Co., Inc., 966 F.2d 1318, 1320 (9th Cir. 1992). Accordingly, the decision of the district court must be affirmed.

Because of the total frivolousness of this appeal, we hereby impose sanctions of double costs against Comora and in favor of the appellees. See Fed. R. App. P. 38; Brewer v. Erwin & Erwin, P.C. (In re Marquam Investment Corp.), 959 F.2d 800, 800 (9th Cir. 1992) (per curiam).

AFFIRMED.

Disposition

AFFIRME ...


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