Norma Najarro; Dario Villar, Plaintiffs-appellants, v. Brian Hill, Ca State Automobile Association, Defendant-appellee, 39 F.3d 1187 (9th Cir. 1994)

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US Court of Appeals for the Ninth Circuit - 39 F.3d 1187 (9th Cir. 1994)

Submitted Oct. 17, 1994. *Decided Oct. 27, 1994

Before: BROWNING, FARRIS, and LEAVY, Circuit Judges.


Dario Campos Villar appeals the district court's 28 U.S.C. § 1915(d) sua sponte dismissal for lack of jurisdiction of his action alleging various causes of action against his auto insurer, California State Automobile Association, with respect to damage to Villar's auto and possible personal injuries. The parties are both California residents, therefore, there is no diversity jurisdiction. In addition the parties are private parties and not state actors. The district court did not abuse its discretion in dismissing Villar's complaint for lack of federal jurisdiction. Denton v. Hernandez, 112 S. Ct. 1728, 1734 (1992).



The panel unanimously finds this case suitable for decision without oral argument. 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