Opinion
No. 17-35781
06-21-2018
KIM PECK, Plaintiff-Appellant, v. CINCINNATI INSURANCE COMPANY, an Ohio corporation, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 1:14-cv-00500-BLW MEMORANDUM Appeal from the United States District Court for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Kim Peck appeals pro se from the district court's summary judgment in her diversity action arising out of the denial of insurance claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Glacier Fish Co. v. Pritzker, 832 F.3d 1113, 1120 (9th Cir. 2016). We affirm.
The district court properly granted summary judgment on Peck's breach of contract claim because Peck failed to raise a genuine dispute of material fact as to whether appellee failed to pay Peck any amount owed under Peck's insurance policy. See Miller v. Belknap, 266 P.2d 662, 665 (Idaho 1954) (explaining that plaintiff bears the burden of proving her right to recover by a preponderance of the evidence).
We reject as without merit Peck's contention that the district court was biased.
Peck's motion to transmit exhibits (Docket Entry No. 8) is denied as unnecessary.
Appellee's motion to strike (Docket Entry No. 34) is denied.
AFFIRMED.