Naegele

MEMORANDUM **

Plaintiff-Appellant Timothy D. Naegele appeals the district court’s dismissal of his ten state law causes of action; summary judgment on his remaining federal cause of action in favor of Defendants-Appellees James L. Tonius, Margaret N. Tonius, and the Tonius Family Trust; and award of attorneys’ fees. We affirm.

First, this court lacks jurisdiction to consider the merits of the district court’s order awarding fees, because Naegele did not file a notice of appeal from the Amended Judgment, dated September 27, 2007, nor did he amend the Notice of Appeal he had previously filed from the Judgment dated July 9, 2007. See Whitaker v. Garceta, 486 F.3d 572 , 585 (9th Cir.2007); FRAP Rule 4(a)(4)(B)(ii) (2007).

The district court did not abuse its discretion by sua sponte dismissing Naegele’s state law claims for lack of diversity jurisdiction after providing an opportunity to amend the complaint to address its concerns regarding domiciliary status. See Snell v. Cleveland, Inc., 316 F.3d 822 , 828 n. 6 (9th Cir.2002); Molnar v. Nat’l Broadcasting Co., 231 F.2d 684 , 687 & n. 3 (9th Cir.1956). The district court properly treated the jurisdictional assertions included in…