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RUBANG v. BROOKS (2021)

United States Court of Appeals, Ninth Circuit.2021-01-28No. No. 20-15558

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Opinion

MEMORANDUM **

Gonzalo R. Rubang, Jr. appeals pro se from the district courts judgment dismissing his action arising out of foreclosure proceedings. 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 Rubangs action for lack of subject matter jurisdiction because Rubang failed to allege any violation of federal law or diversity of citizenship in his fourth amended complaint. See 28 U.S.C. §§ 1331, 1332(a)(1); 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).

We reject as unsupported by the record Rubangs contention that the district court failed to consider his fifth amended complaint.

All pending motions and requests are denied.

AFFIRMED.