Martin Ruiz v. Juan Silva Meza

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 30 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT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.

Footnotes

[2] 20-17492