James v. Lockard v. Alma Lockard Douglas Dennett John Urness

15 F.3d 1086 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James V. LOCKARD, Plaintiff-Appellant, v. Alma LOCKARD; Douglas Dennett; John Urness, Defendants-Appellees. No. 91-36096. United States Court of Appeals, Ninth Circuit. Submitted Aug. 24, 1992. Withdrawn May 25, 1993. Resubmitted Aug. 19, 1993. * Decided Dec. 27, 1993. Before: BRUNETTI, RYMER, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 James Lockard appeals pro se the district court's summary judgment in his tort action against his former spouse and her attorneys. We have jurisdiction under 28 U.S.C. Sec. 1291 . We vacate and remand to the district court with instructions to dismiss this action for lack of subject matter jurisdiction. 3 Lockard filed this action on October 16, 1990, alleging subject matter jurisdiction based on diversity. The district court granted summary judgment on the merits for defendants, and Lockard appealed. On appeal, defendants challenged the parties' diversity of citizenship,…