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Leticia Lagera; Sabado, Franco and Arucan Family, Plaintiffs, v. UNITED STATES 50 (2021)

United States Court of Appeals, Ninth Circuit.2021-03-24No. No. 20-16466

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Opinion

MEMORANDUM **

Janet C. Howell appeals pro se from the district courts judgment dismissing sua sponte her action alleging various claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district courts dismissal for lack of subject matter jurisdiction. Carolina Cas. Ins. Co. v. Team Equip., Inc., 741 F.3d 1082, 1086 (9th Cir. 2014). We affirm.

The district court properly dismissed without prejudice Howells action for lack of subject matter jurisdiction because Howell failed to allege any violation of federal law or diversity of citizenship. See 28 U.S.C. §§ 1331, 1332(a); Kuntz v. Lamar Corp., 385 F.3d 1177, 1181-83 (9th Cir. 2004) (addressing diversity of citizenship under § 1332); Wander v. Kaus, 304 F.3d 856, 858-59 (9th Cir. 2002) (discussing requirements for federal question jurisdiction under § 1331).

Howells motion for appointment of counsel, set forth in the opening brief, is denied.

AFFIRMED.