Brian Heron v. James P. Reape James P. Reape P.C., a Professional Corporation

87 F.3d 1319 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brian HERON, Plaintiff-Appellant, v. James P. REAPE; James P. Reape P.C., a Professional Corporation, Defendants-Appellees. No. 95-56111. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Brian Heron appeals pro se the district court's dismissal of his diversity action against James P. Reape and James P. Reape, P.C. (collectively "Reape"). Heron contends that the district court erred by dismissing his negligence, fraud, conversion and negligent misrepresentation claims with prejudice and dismissing his breach of contract claim for lack of subject matter jurisdiction. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand. 3 We review de novo a dismissal for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Stone v. Travelers Corp., 58 F.3d 434, 436-37…