Bly-Magee

*643 MEMORANDUM *

Charlotte Bly-Magee appeals the district court’s dismissal of her third amended complaint in her second action (“Bly-Magee II”) brought under the False Claims Act, 31 U.S.C. § 3729 . We have jurisdiction to review the district court’s final order under 28 U.S.C. § 1291 .

The district court dismissed Bly-Magee’s complaint for lack of subject matter jurisdiction, and we review this decision de novo. Botsford v. Blue Cross & Blue Shield of Mt., 314 F.3d 390, 392 (9th Cir. 2002), amended by 319 F.3d 1078 (9th Cir.2003). Bly-Magee has the burden of establishing subject matter jurisdiction by a preponderance of the evidence. United States ex rel. Harshman v. Alcan Elec., 197 F.3d 1014 , 1018 (9th Cir.1999).

The district court lacked jurisdiction over allegations in the complaint of false claims that occurred between October 1988 and September 1992 because the allegations regarding those claims previously were publicly disclosed and because Bly-Magee has not established that she was the original source of the information. The False Claims Act prohibits the court from exercising jurisdiction over a qui tam action that is “based upon the public disclosure of…