Fareed Sepehry-Fard v. Greenpoint Mortgage Funding, I , 670 F. App'x 574 ( 2016 )


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  •                             NOT FOR PUBLICATION                           FILED
    UNITED STATES COURT OF APPEALS                        NOV 7 2016
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    FAREED SEPEHRY-FARD,                             No.    14-16264
    Plaintiff-Appellant,            D.C. No. 5:13-cv-04535-EJD
    v.
    MEMORANDUM*
    GREENPOINT MORTGAGE FUNDING,
    INC.; et al.,
    Defendants-Appellees.
    Appeal from the United States District Court
    for the Northern District of California
    Edward J. Davila, District Judge, Presiding
    Submitted October 25, 2016**
    Before:       LEAVY, GRABER, and CHRISTEN, Circuit Judges.
    Fareed Sepehry-Fard appeals pro se from the district court’s judgment
    dismissing his quiet title action. We have jurisdiction under 
    28 U.S.C. § 1291
    . We
    review de novo the district court’s dismissal for lack of subject matter jurisdiction.
    *
    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).
    Crum v. Circus Circus Enters., 
    231 F.3d 1129
    , 1130 (9th Cir. 2000). We affirm.
    The district court properly dismissed Sepehry-Fard’s action for lack of
    subject matter jurisdiction because Sepehry-Fard failed to allege facts sufficient to
    show any violation of federal law or diversity of citizenship in his complaint. See
    
    28 U.S.C. §§ 1331
    , 1332(a); Yokeno v. Mafnas, 
    973 F.2d 803
    , 807-08 (9th Cir.
    1992) (analyzing whether plaintiff’s complaint presented a “substantial federal
    question”); Kuntz v. Lamar Corp., 
    385 F.3d 1177
    , 1181-83 (9th Cir. 2004)
    (addressing diversity of citizenship under § 1332).
    We do not consider any claims that Sepehry-Fard did not properly raise
    before the district court. See Padgett v. Wright, 
    587 F.3d 983
    , 985 n.2 (9th Cir.
    2009).
    Sepehry-Fard’s contentions that the district court violated his right to due
    process are unpersuasive.
    In light of our disposition, we do not address the merits of Sepehry-Fard’s
    claims.
    Sepehry-Fard’s pending motions are denied.
    AFFIRMED.
    2                                    14-16264