Opinion
No. 14-17511
08-03-2016
AHMED T. RHUMA; SAM J. DUVAL, FKA Adel A. Rhoma, Plaintiffs-Appellants, v. STATE OF LIBYA, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 2:13-cv-02286-MCE-AC MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Ahmed T. Rhuma and Sam J. Duval appeal pro se from the district court's judgment dismissing their action for lack of subject matter jurisdiction. We have jurisdiction under 28 U.S.C. § 1291. We review de novo subject matter jurisdiction under the Foreign Sovereign Immunities Act ("FSIA"). Gupta v. Thai Airways Int'l, Ltd., 487 F.3d 759, 765 (9th Cir. 2007). We affirm.
The district court properly determined that it lacked subject matter jurisdiction over plaintiffs' claims against Libya because plaintiffs failed to establish an exception to Libya's immunity under the FSIA. See id. at 763 (a court may only exercise subject matter jurisdiction over a foreign sovereign when one of the exceptions to immunity under the FSIA applies).
AFFIRMED.