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Marin v. Gary's Towing

Citation: 125 F. App'x 160Docket: No. 04-15174; D.C. No. CV-02-00545-CKJ

Court: Court of Appeals for the Ninth Circuit; April 4, 2005; Federal Appellate Court

Narrative Opinion Summary

Mel M. Marin, also known as Mel M. Marinkovie, filed a pro se appeal against a district court's summary judgment favoring Gary’s Towing, Ruben Varalia, and the United States. Marin's claim involved the improper towing and detention of his truck from the Davis-Monthan Air Force Base without his consent. The court confirmed its jurisdiction under 28 U.S.C. § 1291 and upheld the district court's ruling, citing the reasons detailed in the September 26, 2003 order. The decision is affirmed and noted as not suitable for publication, restricting its citation according to Ninth Circuit Rule 36-3.

Legal Issues Addressed

Jurisdiction under 28 U.S.C. § 1291

Application: The court confirmed it had jurisdiction to review the district court's summary judgment under 28 U.S.C. § 1291.

Reasoning: The court confirmed its jurisdiction under 28 U.S.C. § 1291 and upheld the district court's ruling...

Non-Publication and Citation Restriction

Application: The decision was not deemed suitable for publication and its citation is restricted as per Ninth Circuit Rule 36-3.

Reasoning: The decision is affirmed and noted as not suitable for publication, restricting its citation according to Ninth Circuit Rule 36-3.

Summary Judgment Affirmation

Application: The appellate court affirmed the district court's summary judgment in favor of the defendants, supporting the decision with the reasons provided in the prior order.

Reasoning: The court confirmed its jurisdiction under 28 U.S.C. § 1291 and upheld the district court's ruling, citing the reasons detailed in the September 26, 2003 order.