From Casetext: Smarter Legal Research

Ruiz v. Silva Meza

United States Court of Appeals, Ninth Circuit
Jun 30, 2021
No. 20-17492 (9th Cir. Jun. 30, 2021)

Opinion

20-17492

06-30-2021

MARTIN MORENO RUIZ, Plaintiff-Appellant, v. JUAN N. SILVA MEZA; et al., Defendants-Appellees.


NOT FOR PUBLICATION

Submitted June 21, 2021

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Appeal from the United States District Court for the District of Arizona D.C. No. 2:20-cv-02008-DWL-ESW Dominic Lanza, District Judge, Presiding

Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges.

MEMORANDUM [*]

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.

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.

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.


Summaries of

Ruiz v. Silva Meza

United States Court of Appeals, Ninth Circuit
Jun 30, 2021
No. 20-17492 (9th Cir. Jun. 30, 2021)
Case details for

Ruiz v. Silva Meza

Case Details

Full title:MARTIN MORENO RUIZ, Plaintiff-Appellant, v. JUAN N. SILVA MEZA; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 30, 2021

Citations

No. 20-17492 (9th Cir. Jun. 30, 2021)

Citing Cases

Bashale v. MAC Transp.

. This burden does not disappear when the plaintiff proceeds pro se. Ruiz v. Meza, 851 Fed.Appx. 786,…