Ninh v. McGreevy, 060117 FED9, 16-17308
|Court:||United States Courts of Appeals, Court of Appeals for the Ninth Circuit|
|Judge Panel:||Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON, Circuit Judges.|
|Party Name:||HELEN LE; KHANG NINH, Plaintiffs-Appellants, v. RICHARD E. McGREEVY; et al., Defendants-Appellees.|
|Case Date:||June 01, 2017|
NOT FOR PUBLICATION
Submitted May 24, 2017 [**]
Appeal from the United States District Court No. 2:16-cv-01447-JAM-AC for the Eastern District of California John A. Mendez, District Judge, Presiding
Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON, Circuit Judges.
Helen Le and Khang Ninh appeal pro se from the district court's judgment dismissing their action for lack of subject matter jurisdiction. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Carolina Cas. Ins. Co. v. Team Equipment, Inc., 741 F.3d 1082, 1086 (9th Cir. 2014), and we affirm.
The district court properly dismissed Le and Ninh's action for lack of subject matter jurisdiction because the federal claims were too insubstantial to confer jurisdiction. See 28 U.S.C. § 1331; Franklin v. Or., State Welfare Div., 662 F.2d 1337, 1342 (9th Cir. 1981) ("[T]he federal courts are without power to entertain claims otherwise within their jurisdiction if they are so attenuated and unsubstantial as to be absolutely devoid of merit." (citation and internal quotation marks omitted)).
We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending requests and motions are denied.
[*] This disposition is not appropriate...
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