Robert Good v. Jacqueline Arrington

MEMORANDUM

Robert Lee Good appeals pro se from the district court’s order denying his request to proceed in forma pauperis (“IFP”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a determination that a complaint lacks arguable substance in law or fact. Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir.1987). We review for an abuse of discretion the denial of leave to proceed IFP. Id. We affirm.

The district court did not abuse its discretion by denying Good’s request to proceed IFP because it lacked subject matter jurisdiction. See 28 U.S.C. § 1332 (a) (requiring complete diversity of citizenship); Provincial Gov’t of Marinduque v. Placer Dome, Inc., 582 F.3d 1083, 1086-87 (9th Cir.2009) (discussing requirements for federal question jurisdiction under 28 U.S.C. § 1331 ); see also Nevada v. Bank of Am. Corp., 672 F.3d 661, 673 (9th Cir.2012) (“[A] court may raise the question of subject matter jurisdiction, sua sponte, at any time during the pendency of the action.” (citation and internal quotation marks omitted)).

Moreover, the district court correctly concluded that the State is entitled to Eleventh Amendment sovereign immunity, and that Good’s…