Opinion
21-55362
03-25-2022
O. L., AKA Jane Doe, Plaintiff-Appellant, v. GAVIN NEWSOM, in his official capacity as the Governor of California; ROB BONTA, in his official capacity as the Attorney General of California, Defendants-Appellees.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court for No. 2:20-cv-04525-JAK-PVC the Central District of California John A. Kronstadt, District Judge, Presiding
Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
O.L. appeals pro se from the district court's order denying her motion for a preliminary injunction and dismissing her 42 U.S.C. § 1983 action alleging equal protection and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). WildEarth Guardians v. U.S. Dep't of Agric., 795 F.3d 1148, 1154 (9th Cir. 2015). We affirm.
The district court properly dismissed plaintiff's action because plaintiff lacks standing to compel the investigation or prosecution of another person. See Spokeo, Inc. v. Robins, 136 S.Ct. 1540, 1548 (2016) (to satisfy the injury-in-fact requirement, a plaintiff must show that he "suffered an invasion of a legally protected interest that is concrete and particularized and actual or imminent, not conjectural or hypothetical" (citation and internal quotation marks omitted)); Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973) ("[A] private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.").
We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Plaintiff's motion for appointment of counsel (Docket Entry No. 11) is denied.
AFFIRMED.