Gustavo Escamilla; Greenway Nutrients, Inc. v. United States of America

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GUSTAVO ESCAMILLA; GREENWAY
NUTRIENTS, INC.,
Petitioners-Appellants,
v.
UNITED STATES OF AMERICA,
Respondent-Appellee.
No. 21-55417
D.C. No. 2:21-cv-01910-ODW-JEM
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Otis D. Wright II, District Judge, Presiding
Submitted March 16, 2022**
Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.
Gustavo Escamilla and Greenway Nutrients, Inc. appeal from the district
court’s judgment dismissing their action alleging violations of the Crime Victims’
Rights Act (“CRVA”), 18 U.S.C. § 3771. We have jurisdiction under 28 U.S.C.
§ 1291. We may affirm on any basis supported by the record. Thompson v. Paul,
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAR 24 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-55417
547 F.3d 1055, 1058-59 (9th Cir. 2008). We affirm.
Appellants’ claims under the CVRA are foreclosed by this court’s previous
order denying appellants’ petition for a writ of mandamus, which concluded that
“the provisions of 18 U.S.C. § 3771 do not apply to this petition.” See Rebel Oil
Co., Inc. v. Atl. Richfield Co., 146 F.3d 1088, 1093 (9th Cir. 1998) (“Under the
doctrine of ‘law of the case,’ a court is generally precluded from reconsidering an
issue that has already been decided by the same court, or a higher court in the
identical case.”).
We reject as without merit appellants’ contentions that the district court
erred by failing to act on allegations of attorney wrongdoing that occurred in a
different action, or that Judge Wright was biased.
Appellants’ motions to take judicial notice (Docket Entry Nos. 6 and 7) are
denied.
AFFIRMED.

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