JOSEPH KEYS V. WHITNEY BOKOSKY, No. 15-55775 (9th Cir. 2016)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED NOV 7 2016 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JOSEPH LOUIS KEYS, No. Plaintiff-Appellant, v. U.S. COURT OF APPEALS 15-55775 D.C. No. 8:15-cv-00240-JVS-JCG MEMORANDUM* WHITNEY BOKOSKY, Defendant-Appellee. Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding Submitted October 25, 2016** Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges. Joseph Louis Keys appeals pro se from the district court’s judgment dismissing his action alleging wrongful conduct by defendant, an Orange County Deputy District Attorney, arising from a prior criminal conviction against Keys. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). court’s dismissal for lack of subject matter jurisdiction. Crum v. Circus Circus Enters., 231 F.3d 1129, 1130 (9th Cir. 2000). We affirm. The district court properly dismissed Keys’s action for lack of subject matter jurisdiction because Keys failed to allege facts sufficient to show that his claims arose under federal law. See 28 U.S.C. § 1331; Republican Party of Guam v. Gutierrez, 277 F.3d 1086, 1089 (9th Cir. 2002) (“federal jurisdiction exists only when a federal question is presented on the face of plaintiff’s properly pleaded complaint.” (internal citation and quotation marks omitted)). AFFIRMED. 2 15-55775

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