Susan Gonzales v. Gwen Rohrer

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 16, 2020
• Docket: 19-55391
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 16 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

SUSAN A. GONZALES, No. 19-55391

Plaintiff-Appellant, D.C. No. 3:19-cv-00241-GPC-KSC

v. MEMORANDUM* GWEN GLEASON ROHRER,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Gonzalo P. Curiel, District Judge, Presiding

Submitted April 7, 2020**

Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.

We grant Gonzales’s motion to proceed in forma pauperis.

Susan A. Gonzales appeals pro se from the district court’s judgment

dismissing her action alleging medical malpractice. We have jurisdiction under 28

U.S.C. § 1291. We review de novo the district court’s dismissal for lack of subject

* 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). matter jurisdiction. Crum v. Circus Circus Enters., 231 F.3d 1129, 1130 (9th Cir.

2000). We affirm.

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

matter jurisdiction because Gonzales failed to allege a federal claim or diversity of

citizenship in her complaint. See 28 U.S.C. §§ 1331, 1332(a); Rivet v. Regions

Bank of La., 522 U.S. 470, 475 (1998) (plaintiff must present a federal question on

the face of a properly pleaded complaint).

We do not consider documents and facts not presented to the district court.

See United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts

not presented to the district court are not part of the record on appeal.”).

AFFIRMED.

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