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ELLETT v. STANISLAUS

No. 05-16677.

506 F.3d 774 (2007)

James ELLETT, Appellant, v. Selvi STANISLAUS, Executive Director of the Franchise Tax Board, Defendant-Appellee, Gerald Goldberg, Executive Director of the Franchise Tax Board, Appellee, and James Ellett, Debtor.

United States Court of Appeals, Ninth Circuit.

Filed October 29, 2007.

Attorney(s) appearing for the Case

Robert N. Kolb, Antioch, CA, for appellant.

Kristian D. Whitten, Deputy Attorney General, San Francisco, CA, for appellee.

Before: ARTHUR L. ALARCÓN, DAVID R. THOMPSON, and RICHARD C. TALLMAN, Circuit Judges.

ALARCÓN, Circuit Judge:

James Ellett appeals from the District Court's order affirming the Bankruptcy Court's decision denying his requests for (1) a declaratory judgment that his pre-petition taxes owed to the California Franchise Tax Board ("FTB") were discharged; (2) an injunction enjoining Gerald Goldberg (as Executive Director of the FTB) from making further efforts to collect the taxes; and (3) attorney's fees and costs. We must decide whether the failure...

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