ALAN JONES V. DALLAS NEUROLOGICAL AND SPINE, No. 13-15488 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 18 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ALAN W. JONES and KATHRYN MARIE JONES, No. 13-15488 D.C. No. 2:12-cv-02286-FJM Plaintiffs - Appellants, MEMORANDUM* v. DALLAS NEUROLOGICAL AND SPINE ASSOCIATES PA; et al., Defendants - Appellees. Appeal from the United States District Court for the District of Arizona Frederick J. Martone, Senior District Judge, Presiding Submitted November 9, 2015** San Francisco, California Before: CLIFTON, N.R. SMITH, and CHRISTEN, Circuit Judges. Kathryn and Alan Jones appeal the district court’s dismissal of their declaratory judgment action seeking a tolling of the statute of limitations for a * 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). medical malpractice claim they plan to bring. The Joneses have not presented a justiciable case or controversy. See Calderon v. Ashmus, 523 U.S. 740, 747 (1998). It is not clear whether the Joneses will ever bring a medical malpractice claim, or if they do, whether the defendants will raise the statute of limitations as a defense. Until that time, we lack jurisdiction over the claim. AFFIRMED. 2

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