Jonathan Cohen v. Loretta Lynch , 658 F. App'x 324 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 19 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JONATHAN AARON COHEN, No. 15-55669
Plaintiff-Appellant, D.C. No. 3:14-cv-01609-BAS-
MDD
v.
LORETTA E. LYNCH, Attorney General, MEMORANDUM*
Defendant-Appellee.
Appeal from the United States District Court
for the Southern District of California
Cynthia A. Bashant, District Judge, Presiding
Submitted September 13, 2016**
Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges.
Jonathan Aaron Cohen appeals pro se from the district court’s judgment
dismissing for lack of subject matter jurisdiction his action seeking a declaratory
judgment that he will not be criminally sanctioned under federal or state law for
transporting, in the course of his business, cannabis for medical purposes. 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 the district court’s
dismissal for lack of subject matter jurisdiction. Aydin Corp. v. Union of India,
940 F.2d 527, 527 (9th Cir. 1991). We affirm.
The district court properly dismissed Cohen’s action for lack of subject
matter jurisdiction because Cohen failed to establish an injury as required for
Article III standing. See Hillblom v. United States, 896 F.2d 426, 430-31 (9th Cir.
1990) (plaintiffs’ allegations were “premised on potential future acts” and
subsequently insufficient to establish an “injury which warrants judicial
intervention”); Aydin Corp., 940 F.2d at 527-28 (declaratory relief is proper only
when there is an actual case or controversy); see also Lujan v. Defenders of
Wildlife, 504 U.S. 555, 560-61 (1992) (setting forth the elements of Article III
standing).
In light of our disposition, we do not address Cohen’s Statement on Oral
Argument, filed August 17, 2015.
AFFIRMED.
2 15-55669