Daniel Boudette v. Tammy Oskerson

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 29 2024

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

DANIEL BOUDETTE, No. 22-36003 Plaintiff-Appellant, D.C. No. 6:22-cv-00071-BMM-KLD v.

MEMORANDUM*

TAMMY OSKERSON; ADAM OWENS;

GREGORY G. COSTANZA; GRANITE

PEAK LAW, PLLC,

Defendants-Appellees.

Appeal from the United States District Court for the District of Montana Brian M. Morris, Chief District Judge, Presiding

Submitted March 29, 2024**

Before: BENNETT, BADE, and COLLINS, Circuit Judges.

Plaintiff Daniel Boudette appeals from the district court’s order dismissing

this case for lack of jurisdiction under Federal Rule of Civil Procedure 12(b)(1)

and, alternatively, for failure to state a claim under Federal Rule of Civil Procedure

12(b)(6). The district court held that Boudette’s sole federal claim—a claim

against his ex-wife and her Montana attorneys under the Racketeer Influenced and

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel…