Salman

Salman v. Bond

Good Law
81 F. App'x 149
United States Court of Appeals for the Ninth CircuitNovember 13, 2003No. 03-16231; D.C. No. CV-02-00467-DWH/RAMCalifornia318 words

Opinion

Lead Opinion

MEMORANDUM **

A.R. Salman, Patrick Devore, Sam Dehne, Guy P. Felton, III, and Emil P. Tolotti (“Appellants”) appeal pro se the district court’s judgment dismissing their action for lack of subject matter jurisdiction and failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Brady v. United States, 211 F.3d 499, 502 (9th Cir.2000), and we affirm.

The district court properly dismissed for lack of subject matter jurisdiction Appellants’ claim that Washoe County and several other defendants (“County Appellees”) violated their rights by creating and maintaining an illegal “slush fund” of money, because Salman failed to allege that the County Appellees’ conduct violated state law. Moreover, Appellants’ objection to the Nevada statutes allegedly relied upon by the County Appellees does not involve a federal question or arise under the Constitution, laws, or treaties of the United States. See 28 U.S.C. § 1331 ; 28 U.S.C. § 1343 ; Duke Power Co. v. Carolina Envtl. Study Group, 438 U.S. 59, 70 , 98 S.Ct. 2620 , 57 L.Ed.2d 595 (1978) (in evaluating whether jurisdiction exists under § 1331 the court must consider whether the cause of action alleged is so…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.