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Perry v. Gray

United States Court of Appeals, Ninth Circuit
Jul 20, 2001
14 F. App'x 909 (9th Cir. 2001)

Opinion


14 Fed.Appx. 909 (9th Cir. 2001) Joann PERRY, Plaintiff-Appellant, v. Herbert GRAY, individually; et al, Defendants-Appellees. No. 00-17160. D.C. No. CV-00-00812-HDM. United States Court of Appeals, Ninth Circuit. July 20, 2001

Submitted July 9, 2001.

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

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Plaintiff brought diversity action against defendants. The United States District Court for the District of Nevada, Howard D. McKibben, J., dismissed for lack of personal jurisdiction and denied plaintiff's request to transfer action to district of Louisiana. Plaintiff appealed. The Court of Appeals held that district court lacked personal jurisdiction over defendants.

Affirmed.

Appeal from the United States District Court for the District of Nevada Howard D. McKibben, District Judge, Presiding.

Before KOZINSKI, T.G. NELSON, and TALLMAN, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Joann Perry appeals the district court's dismissal of her diversity action for lack of personal jurisdiction and the denial of her request to transfer the action to the district of Louisiana. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo orders dismissing for lack of personal jurisdiction. Sher v. Johnson, 911 F.2d 1357, 1360 (9th Cir.1990). The district court's decision to transfer or dismiss an action due to improper venue is reviewed for abuse of discretion. Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir.1986). We affirm.

The district court properly dismissed Perry's action for lack of personal jurisdiction over the defendants because her complaint failed to allege that the defendants conducted substantial activities in Nevada or purposefully availed themselves of doing business in Nevada. See Doe v. American Nat'l Red Cross, 112 F.3d 1048, 1050-51 (9th Cir.1997).

After a review of the record, we cannot conclude that the district court abused its

Page 910.

discretion by finding that transfer was not required in the interest of justice. See Costlow, 790 F.2d at 1488.

AFFIRMED.


Summaries of

Perry v. Gray

United States Court of Appeals, Ninth Circuit
Jul 20, 2001
14 F. App'x 909 (9th Cir. 2001)
Case details for

Perry v. Gray

Case Details

Full title:Joann PERRY, Plaintiff-Appellant, v. Herbert GRAY, individually; et al…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 20, 2001

Citations

14 F. App'x 909 (9th Cir. 2001)