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Seth ABRAHAMS, Plaintiff-counter-defendant-Appellant, v. HARD DRIVE PRODUCTIONS, INC., Defendant-counter-claimant-Appellee

United States Court of Appeals for the Ninth Circuit2014-04-24No. No. 13-15889
571 F. App'x 551

Authorities cited

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Opinion

majority opinion

MEMORANDUM

This is an appeal from the district court’s dismissal of the action for lack of subject matter jurisdiction. We have jurisdiction under 28 U.S.C. § 1291. The complaint seeks declaratory relief regarding claims that had been previously dismissed twice, and hence could not now create any justiciable controversy. Fed. R.Civ.P. 41(a)(1)(B); see Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1076 (9th Cir.1999) (explaining the “two dismissal rule”).

On appeal, the appellant argues that the action should not have been dismissed because the complaint laid out an additional cause of action of qui tarn sufficient to sustain subject matter jurisdiction. A close examination of the complaint reveals no such claim. This is the inevitable conclusion under even the lenient standards of notice pleading, and such lenient standards are no longer applicable. See Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007).

AFFIRMED.

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