LISA YUAN V. CITY OF LOS ANGELES, No. 12-55501 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 3 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LISA YUAN, No. 12-55501 Plaintiff - Appellant, D.C. No. 2:10-cv-01453-RSWLSP v. CITY OF LOS ANGELES, public entity; et al., MEMORANDUM* Defendants - Appellees. Appeal from the United States District Court for the Central District of California Ronald S.W. Lew, District Judge, Presiding Submitted February 18, 2014** Before: ALARCÃ N, O SCANNLAIN, and FERNANDEZ, Circuit Judges. Lisa Yuan appeals pro se from the district court s judgment dismissing her 42 U.S.C. § 1983 action alleging violations of her civil rights in connection with her arrest and prosecution on misdemeanor criminal charges. We have jurisdiction * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). under 28 U.S.C. § 1291. We review for an abuse of discretion a district court s decision to dismiss under the fugitive disentitlement doctrine. United States v. $6,190.00 in U.S. Currency, 581 F.3d 881, 884 (9th Cir. 2009). We affirm. The district court did not abuse its discretion by dismissing Yuan s action because the record showed that Yuan has a pending state criminal case and is a fugitive from justice. See Molinaro v. New Jersey, 396 U.S. 365, 366 (1970) (holding that a fugitive is disentitled from calling upon the resources of the court for determination of their claims); see also $6,190.00 in U.S. Currency, 581 F.3d at 886 (applying fugitive disentitlement doctrine to fugitives from state proceedings); Conforte v. Comm r, 692 F.2d 587, 589-90 (9th Cir. 1982) (extending the fugitive disentitlement doctrine to civil proceedings). Yuan s remaining contentions concerning an alleged fraud by the district court, her alleged entitlement to a declaratory judgment, the district court s rejection of her notice of lien, and the denial of hearings to present and subpoena evidence are unpersuasive. Yuan s motion requesting consideration and review of various records, filed on June 17, 2013, is denied. See Fed. R. App. P. 10; Daly-Murphy v. Winston, 837 F.2d 348, 351 (9th Cir. 1987) ( [N]ormally the reviewing court will not supplement the record on appeal with material not considered by the trial court. ). 2 12-55501 Yuan s motions to expedite are denied as moot. AFFIRMED. 3 12-55501

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