NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 1 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HELEN LE; KHANG NINH, No. 16-17308
Plaintiffs-Appellants, D.C. No. 2:16-cv-01447-JAM-AC
v.
MEMORANDUM*
RICHARD E. McGREEVY; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted May 24, 2017**
Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON,
Circuit Judges.
Helen Le and Khang Ninh appeal pro se from the district court’s judgment
dismissing their action for lack of subject matter jurisdiction. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo, Carolina Cas. Ins. Co. v. Team
Equipment, Inc., 741 F.3d 1082, 1086 (9th Cir. 2014), and we affirm.
*
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).
The district court properly dismissed Le and Ninh’s action for lack of
subject matter jurisdiction because the federal claims were too insubstantial to
confer jurisdiction. See 28 U.S.C. § 1331; Franklin v. Or., State Welfare Div., 662
F.2d 1337, 1342 (9th Cir. 1981) (“[T]he federal courts are without power to
entertain claims otherwise within their jurisdiction if they are so attenuated and
unsubstantial as to be absolutely devoid of merit.” (citation and internal quotation
marks omitted)).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending requests and motions are denied.
AFFIRMED.
2 16-17308