TRACY WEBB V. KAISER, No. 14-15882 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION DEC 17 2015 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT TRACY WEBB, U.S. COURT OF APPEALS No. 14-15882 Plaintiff - Appellant, D.C. No. 3:13-cv-04654-NC v. MEMORANDUM * KAISER, (Fremont); et al., Defendants - Appellees. Appeal from the United States District Court for the Northern District of California Nathanael M. Cousins, Magistrate Judge, Presiding** Submitted December 9, 2015*** Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges. Tracy Webb appeals pro se from the district court’s judgment dismissing her action alleging, among other things, sex and racial discrimination. We review de novo. Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal for * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** Webb consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii)); Brady v. United States, 211 F.3d 499, 502 (9th Cir. 2000) (dismissal for lack of subject matter jurisdiction). We affirm. The district court properly dismissed Webb’s action because Webb failed to allege facts establishing federal subject matter jurisdiction. See 28 U.S.C. §§ 1331, 1332 (requirements for federal subject matter jurisdiction); see also Provincial Gov’t of Marinduque v. Placer Dome, Inc., 582 F.3d 1083, 1086 (9th Cir. 2009) (discussing requirements for federal question jurisdiction under § 1331). AFFIRMED. 2 14-15882

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