Randal Dalavai v. University of California San Diego Health

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 16 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RANDAL JEROME DALAVAI, No. 23-55411

Plaintiff-Appellant, D.C. No. 3:22-cv-01471-CAB-WVG v.

UNIVERSITY OF CALIFORNIA SAN MEMORANDUM*

DIEGO HEALTH, AKA UC San Diego Health, Hospital entity unknown; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding

Submitted August 14, 2024** Pasadena, California

Before: OWENS, BADE, and FORREST, Circuit Judges.

Randal Jerome Dalavai appeals from the district court’s sua sponte dismissal

with prejudice, for lack of standing, of his pro se suit as an individual under the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C.

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