Unpublished Disposition, 865 F.2d 265 (9th Cir. 1988)

MEMORANDUM^** 

Robert F. Lonneker (Lonneker) appeals pro se¹  the district court's judgment of foreclosure against him and in favor of the United States Small Business Administration and The Federal Land Bank of Spokane (the Bank), both of which were seeking to collect on loans they had extended to Lonneker and Lonneker Farms, Inc. We affirm.

Lonneker contends that the district court's judgment should be reversed because the district court lacked subject matter jurisdiction. Lonneker filed a document with the Walla Walla County Auditor which he maintains released his Congressman from representing his property and property rights under the Constitution. He claims by filing this document he had abandoned those property rights, thereby nullifying the district court's jurisdiction. This contention is absurd.

Article III of the United States Constitution provides that the federal courts have jurisdiction over cases in which the United States is a party. U.S. Const. Art. III, Sec. 2. Article III also gives Congress the authority to establish federal district courts. U.S. Const. Art. III, Sec. 1. In 1948, Congress exercised this power by creating the district courts, and giving them original jurisdiction over civil actions commenced by the United States or any agency. 28 U.S.C. §§ 132, 1345. There is no provision in either of these statutes by which a party may release the district court of subject matter jurisdiction. Because this action was commenced by the United States Small Business Administration, the district court had subject matter jurisdiction. See id.

The Bank seeks attorney's fees and costs incurred in defending this appeal pursuant to provisions of the promissory notes and mortgages, which it asserts support an award of attorney fees and costs on appeal. But the documents containing the provisions on which the Bank relies for its request for attorney's fees and costs are not part of the record of this appeal.