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United States Court of Appeals, Ninth Circuit.

Steven C. LEVI, Plaintiff-Appellant, v. FEDERAL HOUSING FINANCE AGENCY; et al., Defendants-Appellees.

No. 19-35128

Decided: October 23, 2019

Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges. Steven C. Levi, Pro Se Joseph J. Aronica, Esquire, Attorney, Duane Morris LLP, Washington, DC, for Defendant - Appellee Federal Housing Finance Agency Richard L. Pomeroy, Assistant U.S. Attorney, Office of the U.S. Attorney, Anchorage, AK, for Defendants - Appellees Consumer Finance Protection Bureau, U.S. Securities & Exchange Commission, United States Internal Revenue Service


Steven C. Levi appeals pro se from the district court's order dismissing for lack of subject matter jurisdiction his mandamus action seeking to compel the four federal agency defendants to investigate his alleged “gift mortgage” theory. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for lack of subject matter jurisdiction. Naffe v. Frey, 789 F.3d 1030, 1035 (9th Cir. 2015). We affirm.

The district court properly dismissed Levi's mandamus action for lack of subject matter jurisdiction because Levi failed to allege facts sufficient to demonstrate Article III standing, entitlement to mandamus relief, or the waiver of defendants’ sovereign immunity. See Hein v. Freedom From Religion Found., Inc., 551 U.S. 587, 593, 127 S.Ct. 2553, 168 L.Ed.2d 424 (2007) (“It has long been established ․ that the payment of taxes is generally not enough to establish standing to challenge an action taken by the Federal Government.”); Patel v. Reno, 134 F.3d 929, 931 (9th Cir. 1997) (setting forth the requirements for mandamus relief); Sierra Club v. Whitman, 268 F.3d 898, 901 (9th Cir. 2001) (suits against any agency of the United States “are barred by sovereign immunity unless there has been a specific waiver of that immunity”).

Levi's renewed motion for summary judgment, set forth in the reply brief, is denied.

All other pending motions are denied.


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