Rudolph Stanko v. United States

509 F. App'x 646

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 19, 2013
• Docket: 11-35965
• Status: Unpublished

Opinion

MEMORANDUM **

Rudolph George Stanko appeals from the district court’s judgment dismissing for lack of subject matter jurisdiction his petition for declaratory relief and certification under 28 U.S.C. § 2403(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Schnabel v. Lui, 302 F.3d 1023, 1029 (9th Cir.2002). We affirm.

The district court properly dismissed for lack of jurisdiction because Stanko failed to show a real case or controversy sufficient to warrant the issuance of a declaratory judgment. See Am. Rivers v. Nat’l Marine Fisheries Serv., 126 F.3d 1118, 1123 (9th Cir.1997) (“A federal court does not have jurisdiction to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which cannot affect the matter in issue in the case before it.” (citations and internal quotation marks omitted)); Levin Metals Corp. v. Parr-Richmond, Terminal Co., 799 F.2d 1312, 1315 (9th Cir.1986) (“The Declaratory Judgment Act is not an independent source of federal subject matter jurisdiction.”).

AFFIRMED.

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