RUIZ v. MEZA (2021)

United States Court of Appeals, Ninth Circuit.

Martin Moreno RUIZ, Plaintiff-Appellant, v. Juan N. Silva MEZA; et al., Defendants-Appellees.

No. 20-17492

Decided: June 30, 2021

Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges. Martin Moreno Ruiz, Pro Se

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.