John I. Bankston, Plaintiff-appellant, v. Educational Employees Credit Union; Erica Griffith-nelson;wess Hillman; Greg Murphy, Defendants-appellees, 97 F.3d 1458 (9th Cir. 1996)

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U.S. Court of Appeals for the Ninth Circuit - 97 F.3d 1458 (9th Cir. 1996) Submitted Sept. 23, 1996. *Decided Sept. 26, 1996

Before: FLETCHER, BRUNETTI, and JOHN T. NOONAN, Jr., Circuit Judges.

MEMORANDUM** 

John I. Bankston appeals pro se the district court's summary judgment in favor of defendants, finding no breach of a settlement agreement. This court has an obligation to consider jurisdictional issues sua sponte. Reynaga v. Cammisa, 971 F.2d 414, 417 (9th Cir. 1992). Upon review of Bankston's complaint, we conclude that he failed to raise any federal claims. Labelling a state court breach of a settlement claim as a RICO claim does not change the character of the claim. Accordingly, we vacate the district court's judgment and remand this action to the district court with instructions to dismiss for lack of jurisdiction.

Appellees' request for attorneys' fees and costs is denied. Each party shall bear their own costs on appeal.

VACATED and REMANDED.

 *

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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