Console

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 11 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES CONSOLE; ELIZABETH K. No. 23-3609 CONSOLE, D.C. No. 3:23-cv-00652-DMS-JLB Plaintiffs - Appellants,

v. MEMORANDUM*

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding

Submitted June 6, 2025**

Before: SANCHEZ, H.A. THOMAS, and DESAI, Circuit Judges.

James and Elizabeth Console appeal the district court’s dismissal of their first

amended complaint (“FAC”) with prejudice for lack of subject matter jurisdiction.

We have jurisdiction under 28 U.S.C. § 1291. We affirm.

1. We review a district court’s dismissal for lack of subject matter

* 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.…