Christopher Krohe v. Zandra Steinhardt

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 21, 2018
• Docket: 17-17259
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 21 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

CHRISTOPHER DAVID KROHE, No. 17-17259

Plaintiff-Appellant, D.C. Nos. 1:17-cv-00878-DAD-MJS v. 1:17-cv-00881-DAD-MJS 1:17-cv-00885-DAD-MJS ZANDRA STEINHARDT, 1:17-cv-00889-DAD-MJS

Defendant-Appellee. MEMORANDUM*

Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding

Submitted June 12, 2018**

Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.

Christopher David Krohe appeals pro se from the district court’s judgment

dismissing for lack of subject matter jurisdiction his action arising from a contract

dispute. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.

Rundgren v. Wash. Mut. Bank, FA, 760 F.3d 1056, 1060 (9th Cir. 2014). We

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). affirm.

The district court properly dismissed Krohe’s action for lack of subject

matter jurisdiction because Krohe failed to allege a federal question or jurisdiction

based on diversity of citizenship. See 28 U.S.C. § 1331 (conferring jurisdiction on

district courts in “civil actions arising under the Constitution, laws, or treaties of

the United States”); 28 U.S.C. § 1332(a)(1) (conferring jurisdiction on district

courts where the plaintiff alleges that the parties are completely diverse and the

amount in controversy exceeds $75,000); Fed. R. Civ. P. 8(a) (complaint must

contain a “short and plain statement” of the grounds for the court’s jurisdiction).

We do not consider arguments and allegations raised for the first time on

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

2 17-17259