Jones v. Dallas Neurological & Spine Associates PA

622 F. App'x 701

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 18, 2015
• Docket: 13-15488
• Status: Unpublished

Opinion

MEMORANDUM **

Kathryn and Alan Jones appeal the district court’s dismissal of their declaratory judgment action seeking a tolling of the statute of limitations for a medical malpractice claim they plan to bring. The Joneses have not presented a justiciable case or controversy. See Calderon v. Ashmus, 523 U.S. 740, 747, 118 S.Ct. 1694, 140 L.Ed.2d 970 (1998). It is not clear whether the Joneses will ever bring a medical malpractice claim, or if they do, whether the defendants will raise the statute of limitations as a defense. Until that time, we lack jurisdiction over the claim.

, AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.