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KERTESZ v. FERGUSON (2021)

United States Court of Appeals, Ninth Circuit.2021-07-01No. No. 20-35573

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Opinion

MEMORANDUM **

Gabriella Kertesz appeals pro se from the district courts judgment dismissing her 42 U.S.C. § 1983 action alleging that Bob Ferguson, the Attorney General of Washington State, violated her civil rights in connection with a state law that concerns medical consent forms. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for lack of subject matter jurisdiction. Colony Cove Props., LLC v. City of Carson, 640 F.3d 948, 955 (9th Cir. 2011). We affirm.

The district court properly dismissed Kerteszs action for lack of subject matter jurisdiction because Kertesz failed to allege facts sufficient to demonstrate Article III standing. See Arakaki v. Lingle, 477 F.3d 1048, 1059 (9th Cir. 2007) (to establish standing, a plaintiff must allege that she “has suffered concrete injury, that there is a causal connection between [her] injury and the conduct complained of, and that the injury will likely be redressed by a favorable decision”); Smelt v. County of Orange, 447 F.3d 673, 682 (9th Cir. 2006) (“The burden of showing that there is standing rests on the shoulders of the party asserting it.”).

We reject as without merit Kerteszs contention, set forth in her supplemental filing, that the district courts dismissal for lack of subject matter jurisdiction divested this court of jurisdiction over the appeal.

AFFIRMED.