Richard Caldarone v. Joe Otting

MEMORANDUM

Richard W. Caldarone appeals pro se from the district court’s judgment dismissing his action alleging fraud and other claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dis trict court’s dismissal for lack of subject matter jurisdiction. Crum v. Circus Circus Enters., 231 F.3d 1129, 1130 (9th Cir.2000). We affirm.

The district court properly dismissed Caldarone’s action because Caldarone failed to establish federal subject matter jurisdiction over his claims. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 , 114 S.Ct. 1673 , 128 L.Ed.2d 391 (1994) (party asserting jurisdiction bears the burden of proving federal jurisdiction); In re Digimarc Corp. Derivative Litig., 549 F.3d 1223, 1234 (9th Cir.2008) (“Diversity jurisdiction requires complete diversity between the parties — each defendant must be a citizen of a different state from each plaintiff.”). Moreover, even assuming that Fannie Mae is a federal government actor for purposes of this action, Caldarone did not state a Fifth Amendment claim against Fannie Mae.

The district court did not abuse its discretion by denying Caldarone’s motions for recusal because no facts support…