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Martin Ruiz v. Juan Silva Meza
851fedappx786
| 9th Cir. | 2021
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Docket

*1 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.

*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

[*] 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).

Case Details

Case Name: Martin Ruiz v. Juan Silva Meza
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jun 30, 2021
Citation: 851fedappx786
Docket Number: 20-17492
Court Abbreviation: 9th Cir.
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