FILED
NOT FOR PUBLICATION OCT 21 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVID KISSI, No. 12-57138
Plaintiff - Appellant, D.C. No. 2:12-cv-07540-JFW-
MRW
v.
BANK OF AMERICA, Countrywide; MEMORANDUM*
SPECIALIZED LOAN SERVICING,
LLC,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted October 14, 2014**
Before: LEAVY, GOULD, and BERZON, Circuit Judges.
David Kissi appeals pro se from the district court’s judgment dismissing his
action alleging claims in connection with a foreclosure. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo the district court’s finding that it
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
lacked subject matter jurisdiction. Carolina Cas. Ins. Co. v. Team Equip., Inc., 741
F.3d 1082, 1086 (9th Cir. 2014). We affirm.
The district court properly determined that Kissi failed to allege facts
sufficient to establish subject matter jurisdiction because he alleged only state law
claims in his complaint and failed to allege diversity of citizenship. See 28 U.S.C.
§§ 1331, 1332(a)(1); see also 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 § 1331); Kuntz v. Lamar Corp., 385 F.3d 1177, 1181-
82 (9th Cir. 2004) (addressing diversity of citizenship under § 1332). We treat the
judgment as a dismissal without prejudice. See Kelly v. Fleetwood Enters., Inc.,
377 F.3d 1034, 1036 (9th Cir. 2004) (dismissals for lack of subject matter
jurisdiction should be without prejudice).
Appellees’ motion for judicial notice, filed on February 14, 2014, is denied
as unnecessary.
AFFIRMED.
2 12-57138