Nathan Smith v. Pryor Cashman, LLP

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FILED

FOR THE NINTH CIRCUIT

MAY 1 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

NATHAN SMITH, No. 22-56035

Plaintiff-Appellant, D.C. No. 2:22-cv-03765-MWF-KS v.

PYROR CASHMAN LLP; et al., MEMORANDUM*

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding

Submitted May 1, 2024**

Before: FERNANDEZ, SILVERMAN, AND N.R. SMITH, Circuit Judges. Partial concurrence and partial dissent by Judge SILVERMAN.

Nathan Smith appeals pro se the district court’s dismissal of his complaint

for lack of subject matter jurisdiction without leave to amend and with prejudice.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Smith also appeals the district court’s declaration that Smith was a vexatious

litigant. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

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