Marvin Baysel Edwards, Aka Basil, Plaintiff-appellant, v. United States of America; Don Senick, Defendants-appellees, 127 F.3d 1104 (9th Cir. 1997)

MEMORANDUM^* 

Marvin B. Edwards appeals pro se the dismissal of his quiet title action, pursuant to 28 U.S.C. § 2410, seeking to determine the ownership of two pieces of real property sold by the Internal Revenue Service to satisfy Edward's tax indebtedness. Edwards contends that the district court erred by concluding that Edwards lacked standing to bring this action because he failed to allege any ownership interest in the property, but rather alleged only that the "M.B. Edwards Trust," had an ownership interest. The only injury that Edwards asserts as a result of the sale is the personal "aggravation, misery and unhappiness" he has suffered because the beneficiaries of the trust have been deprived of the seized property. We agree with the district court that Edwards lacked standing to assert a wrongful levy claim against the IRS because he lacks any cognizable right or interest in the property. See Warth v. Seldin, 422 U.S. 490, 498-499 (1975) ("plaintiff must generally assert his own legal rights and interest, and cannot rest his claim to relief on the legal rights of third parties."); Northern Plains Resource Council v. Lujan, 874 F.2d 661, 666 (9th Cir. 1939) (no standing to challenge validity of land patent unless plaintiff asserts property interest in land).

AFFIRMED.