Lawrence J. Krug v. Grant Woods, Attorney General

Good Law
9 F.3d 1552·1993 WL 460704·1993 U.S. App. LEXIS 36143
United States Court of Appeals for the Ninth CircuitNovember 8, 199392-16578California545 words

Opinion

Opinion

9 F.3d 1552 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lawrence J. KRUG, Plaintiff-Appellant, v. Grant WOODS, Attorney General, et al., Defendant-Appellee. No. 92-16578. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1993. * Decided Nov. 8, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Lawrence J. Krug appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action before service of process for lack of subject matter jurisdiction. We have jurisdiction to review the district court's dismissal of the action under 28 U.S.C. § 1291 , and we affirm. 3 The existence of subject matter jurisdiction is a question of law reviewed de novo. Reebok Int'l, Ltd. v. Marnatech Enterprises, Inc., 970 F.2d 552 , 554 (9th Cir.1992). 4 The district court is under a continuing duty to establish its own subject matter jurisdiction and may sua sponte dismiss an action whenever…

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