Martin Ruiz v. Juan Silva Meza ( 2021 )


Menu:
  •                            NOT FOR PUBLICATION                           FILED
    UNITED STATES COURT OF APPEALS                        JUN 30 2021
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    MARTIN MORENO RUIZ,                             No. 20-17492
    Plaintiff-Appellant,            D.C. No. 2:20-cv-02008-DWL-
    ESW
    v.
    JUAN N. SILVA MEZA; et al.,                     MEMORANDUM*
    Defendants-Appellees.
    Appeal from the United States District Court
    for the District of Arizona
    Dominic Lanza, District Judge, Presiding
    Submitted June 21, 2021**
    Before:      SILVERMAN, WATFORD, and BENNETT, Circuit Judges.
    Martin Moreno Ruiz appeals pro se from the district court’s judgment
    dismissing his action for lack of subject matter jurisdiction. We have jurisdiction
    under 
    28 U.S.C. § 1291
    . We review de novo. Carolina Cas. Ins. Co. v. Team
    Equip., Inc., 
    741 F.3d 1082
    , 1086 (9th Cir. 2014). We affirm.
    *
    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).
    The district court properly dismissed Ruiz’s action because Ruiz failed to
    satisfy his burden of establishing subject matter jurisdiction. See Ashoff v. City of
    Ukiah, 
    130 F.3d 409
    , 410 (9th Cir. 1997) (the plaintiff has the burden of
    establishing subject matter jurisdiction); see also Fed. R. Civ. P. 12(h)(3) (“If the
    court determines at any time that it lacks subject-matter jurisdiction, the court must
    dismiss the action.”); Valdez v. Allstate Ins. Co., 
    372 F.3d 1115
    , 1116 (9th Cir.
    2004) (the court is obligated to consider sua sponte whether it has subject matter
    jurisdiction).
    AFFIRMED.
    2                                    20-17492
    

Document Info

Docket Number: 20-17492

Filed Date: 6/30/2021

Precedential Status: Non-Precedential

Modified Date: 6/30/2021