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Martin Ruiz v. Miguel Marquez
20-16962
| 9th Cir. | Jun 30, 2021
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*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).

The district court did not abuse its discretion by denying Ruiz’s motion for reconsideration because Ruiz failed to establish any basis for such relief. See Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc. , 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth standard of review and grounds for reconsideration).

We reject as without merit Ruiz’s contention that the district court engaged in misconduct.

AFFIRMED.

2 20-16962

[*] 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. Miguel Marquez
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jun 30, 2021
Docket Number: 20-16962
Court Abbreviation: 9th Cir.
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