John Macmullin v. WILLIAM G. POACH, Jr.

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN MACMULLIN,
Appellant,
v.
WILLIAM G. POACH, Jr.; LYNN M.
ANDERSON; DONALD CHILDERS;
PETER M. WILLIAMS; MARION
HUBBARD; PATRICIA A. OROZCO
Judge; DIANE M. JOHNSEN; G.
MURRAY SNOW, Judge; LINDSAY
ELLIS, Commissioner; MICHAEL D.
HINTZE, Commissioner,
Appellees,
and
RUSSELL BROWN,
Trustee.
No. 09-15652
D.C. No. 2:08-cv-00768-FJM
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
Frederick J. Martone, District Judge, Presiding
FILED
APR 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
Submitted April 13, 2010**
San Francisco, California
Before: KLEINFELD, TASHIMA and THOMAS, Circuit Judges.
John MacMullin appeals from the district court’s affirmance of the
bankruptcy court’s order modifying the automatic stay to permit the probate of
Sylvia Levering’s Estate to continue and referring all questions relating to the
merits of attorney’s fees and costs awarded during probate proceedings to the
probate court.
After reviewing the record and the briefs, we affirm for the reasons given by
the district court in its decision. As explained in Marshall v. Marshall, 547 U.S.
293 (2006), the probate exception to bankruptcy jurisdiction applies to claims
against the res in the custody of the state court and to matters internal to the
probate of the will.
We construe MacMullin’s “motion re: record” as a request for judicial notice
of records that were not before the bankruptcy court and deny.
AFFIRMED; MOTION DENIED.

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