Tammy Berdeaux v. Susan Manning, et al, No. 09-15533 (9th Cir. 2010)

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FILED OCT 06 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT TAMMY BERDEAUX, No. 09-15533 Plaintiff - Appellant, D.C. No. 2:08-cv-00554-JWS v. MEMORANDUM * SUSAN MANNING, Instructor for the University of Wisconsin-Stout in her official and individual capacity; NATHAN KIRKMAN, Judicial Officer for University of Wisconsin-Stout in his official and individual capacity, Defendants - Appellees. Appeal from the United States District Court for the District of Arizona John W. Sedwick, District Judge, Presiding Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Tammy Berdeaux appeals pro se from the district court s judgment * 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). dismissing for lack of jurisdiction her action arising from her participation in a Masters in Education program through the University of Wisconsin-Stout. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Pebble Beach Co. v. Caddy, 453 F.3d 1151, 1154 (9th Cir. 2006), and we affirm. The district court properly dismissed the action because Berdeaux failed to establish that the court had personal jurisdiction over defendants. See Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 800, 802-03 (9th Cir. 2004) (stating that the plaintiff bears the burden of demonstrating that jurisdiction is appropriate, and setting forth test for specific personal jurisdiction). AFFIRMED. 2 09-15533

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