NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DANIEL MASTERSON; BIJOU No. 16-55277
MASTERSON,
D.C. No. 2:14-cv-08741-DDP-AJW
Plaintiffs-Appellants,
v. MEMORANDUM*
BANK OF NEW YORK MELLON CORP.,
formerly known as THE BANK OF NEW
YORK AS TRUSTEE FOR CWALT, INC.,
ALTERNATIVE LOAN TRUST 2007-19,
MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2007-19; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
Dean D. Pregerson, District Judge, Presiding
Submitted May 8, 2017**
Before: REINHARDT, LEAVY, and NGUYEN, Circuit Judges.
Daniel Masterson and Bijou Masterson appeal pro se from the district
*
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).
court’s judgment dismissing their action alleging federal and state law claims. We
have jurisdiction under 28 U.S.C. § 1291. We have an independent duty to
determine whether the district court had subject matter jurisdiction. Wash. Envtl.
Council v. Bellon, 732 F.3d 1131, 1139 (9th Cir. 2013). We may affirm on any
basis supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d
1116, 1121 (9th Cir. 2008). We affirm in part, vacate in part, and remand.
Dismissal of the Mastersons’ action was proper because the district court
lacked subject matter jurisdiction, as the Mastersons failed to allege an injury in
fact to establish Article III standing. See Friends of the Earth, Inc. v. Laidlaw
Envtl. Servs. (TOC) Inc., 528 U.S. 167, 180-81 (2000) (the alleged injury must be
“actual or imminent, not conjectural or hypothetical” to establish Article III
standing); Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992) (elements
of Article III standing). Because a dismissal for lack of subject matter jurisdiction
should be without prejudice, see Kelly v. Fleetwood Enters., Inc., 377 F.3d 1034,
1036 (9th Cir. 2004), we vacate the judgment in part and remand for the district
court to dismiss the Mastersons’ action without prejudice.
The parties shall bear their own costs on appeal.
AFFIRMED in part, VACATED in part, and REMANDED.
2 16-55277