Unpublished Disposition, 851 F.2d 360 (9th Cir. 1988)

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U.S. Court of Appeals for the Ninth Circuit - 851 F.2d 360 (9th Cir. 1988)

David R. BURROUGHS, Plaintiff-Appellant,v.Geri ANDERSON, Defendant-Appellee.

No. 87-1586.

United States Court of Appeals, Ninth Circuit.

Submitted April 21, 1988.* Decided June 28, 1988.

Before FLETCHER, PREGERSON and CANBY, Circuit Judges.


David R. Burroughs appeals the district court's dismissal of his civil rights action for lack of subject matter jurisdiction. Burroughs contends that Geri Anderson mismanaged property that he had entrusted to her, resulting in the conversion of that property for her own financial gain. We review de novo the district court's decision on subject matter jurisdiction. Peter Starr Prod. Co. v. Twin Continental Films, Inc., 783 F.2d 1440, 1442 (9th Cir. 1986).

The district court correctly ruled that it lacked jurisdiction under 28 U.S.C. § 1343, because Burroughs did not allege that Anderson acted under color of state law or that she conspired to deprive him of his civil rights. See Gerritsen v. de la Madrid Hurtado, 819 F.2d 1511, 1515-19 (9th Cir. 1987). The district court also lacked federal question jurisdiction under 18 U.S.C. § 1331, since Burroughs did not allege facts which would support a claim under the United States Constitution or any federal statute. See Metropolitan Life Ins. Co. v. Tapos, 107 S. Ct. 1542 (1987). Nor did the district court err in concluding that it lacked diversity jurisdiction under 28 U.S.C. § 1332(a) (1); both parties are residents of Arizona.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 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 Ninth Cir.R. 36-3