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 2017-06

Steven Seplowin v. Zillow, Inc. , 692 F. App'x 901 ( 2017 )


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  •                            NOT FOR PUBLICATION                           FILED
UNITED STATES COURT OF APPEALS                        JUN 30 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
STEVEN SEPLOWIN, Individually and as            No. 15-35961
an Assignee of American Realty LLC dba
American Realty Pros,                           D.C. No. 2:15-cv-00808-RSL
Plaintiff-Appellant,
MEMORANDUM*
v.
ZILLOW, INC.,
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Washington
Robert S. Lasnik, District Judge, Presiding
Submitted June 26, 2017**
Before:      PAEZ, BEA, and MURGUIA, Circuit Judges.
Steven Seplowin appeals pro se from the district court’s judgment
dismissing his action alleging federal and state law claims in connection with
Zillow, Inc.’s discontinuation of an online real estate sale and rental service. We
*
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).
have jurisdiction under
    28 U.S.C. § 1291
    . We review de novo a sua sponte
dismissal for failure to state a claim. Omar v. Sea-Land Serv., Inc.,
    813 F.2d 986
    ,
991 (9th Cir. 1987). We affirm.
The district court properly dismissed Seplowin’s action because Seplowin
failed to allege any causes of action personal to him. See C.E. Pope Equity Trust v.
United States,
    818 F.2d 696
    , 697 (9th Cir. 1987) (“Although a non-attorney may
appear in propria persona in his own behalf, that privilege is personal to him. He
has no authority to appear as an attorney for others than himself.” (citation
omitted)).
We do not consider Seplowin’s argument raised for the first time on appeal
that Seplowin, rather than American Realty LLC, contracted with Zillow, Inc. See
Raiche v. Gonzales,
    500 F.3d 850
    , 868 (9th Cir. 2007) (court generally will not
consider arguments raised for the first time on appeal).
We lack jurisdiction to review the order of the Northern District of Illinois
transferring this action to the Western District of Washington. See Posnanski v.
Gibney,
    421 F.3d 977
    , 980 (9th Cir. 2005) (“[W]e may not review a transfer under
    28 U.S.C. § 1404
     by a district court outside of our circuit to a district court within
our circuit.”).
AFFIRMED.
2                                    15-35961