Chou

Chou v. Chow

Good Law
234 F. App'x 610
United States Court of Appeals for the Ninth CircuitJune 14, 2007No. 06-15545California259 words

Opinion

Lead Opinion

MEMORANDUM **

Prudence Chou appeals pro se from the district court’s judgment dismissing for lack of jurisdiction her action alleging her sister Joan Chow and government entities within the People’s Republic of China (“China”) improperly designated ownership of her deceased mother’s property. We have jurisdiction under 28 U.S.C. *611 § 1291 . We review de novo a dismissal for lack of subject matter jurisdiction, Hexom v. Oregon Dep’t of Transp., 177 F.3d 1134, 1135 (9th Cir.1999), and we affirm.

The district court properly dismissed Chou’s claims against Chow without prejudice to filing in state court because there is no diversity or federal question jurisdiction. See Caterpillar, Inc. v. Lewis, 519 U.S. 61, 68 , 117 S.Ct. 467 , 136 L.Ed.2d 437 (1996) (holding that 28 U.S.C. § 1332 (a) applies only when the state citizenship of each plaintiff is diverse from the citizenship of each defendant); Adelt v. Richmond Sch. Dist., 439 F.2d 718, 718 (9th Cir.1971) (per curiam) (actions arising under the Constitution, laws or treaties of the United States are within the purview of 28 U.S.C. § 1331 (a)).

The district court also properly dismissed Chou’s claims against China and its…

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