Jerome Grimes v. Sr Towing

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 24, 2024
• Docket: 23-55251
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 24 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

JEROME L. GRIMES, No. 23-55251

Plaintiff-Appellant, D.C. No. 3:22-cv-01033-LL-BLM

v. MEMORANDUM* SR TOWING,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Linda Lopez, District Judge, Presiding

Submitted September 17, 2024**

Before: WARDLAW, BADE, and H.A. THOMAS, Circuit Judges.

Jerome L. Grimes appeals pro se from the district court’s judgment

dismissing his action alleging deprivation of his personal property. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo a sua sponte dismissal for

lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3).

* 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). Carolina Cas. Ins. Co. v. Team Equip., Inc., 741 F.3d 1082, 1086 (9th Cir. 2014).

We affirm.

The district court properly dismissed Grimes’s action because Grimes failed

to satisfy his burden of establishing subject matter jurisdiction. See 28 U.S.C.

§ 1331 (setting forth requirements for federal question jurisdiction); 28 U.S.C.

§ 1332(a) (setting forth requirements for diversity jurisdiction); Ashoff v. City of

Ukiah, 130 F.3d 409, 410 (9th Cir. 1997) (stating that 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.”).

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 23-55251