George v. Internal Revenue Service
George v. Internal Revenue Service
Opinion of the Court
MEMORANDUM
Richard E. George appeals pro se from the district court’s summary judgment in his action challenging collection of his 1997-1999 income taxes. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Trantina v. United States, 512 F.3d 567, 570 n. 2 (9th Cir. 2008), and we affirm.
The district court properly granted summary judgment to federal defendants. Contrary to George’s contention, the entry of summary judgment did not violate his right to a jury trial. See Johnson v. Neilson (In re Slatkin), 525 F.3d 805, 811 (9th Cir. 2008) (“[A] summary judgment proceeding does not deprive the losing party of its Seventh Amendment right to a jury trial.”); see also Fed.R.Civ.P. 56(c).
The district court properly granted the state defendants’ motion to dismiss for lack of subject matter jurisdiction where the state defendants never sought removal and never subjected themselves to the jurisdiction of the district court after the case was removed by the federal defendants. See Ely Valley Mines, Inc. v. Hartford Acc. & Indem. Co., 644 F.2d 1310, 1314-15 (9th Cir. 1981) (explaining that under 28 U.S.C. § 1442, a federal defendant can remove a case to federal court without other defendants joining in the petition).
We do not consider George’s newly raised argument that defendants conspired against him. See Cmty. House, Inc. v. City of Boise, 490 F.3d 1041, 1053 (9th Cir. 2007) (holding that arguments raised for the first time on appeal are deemed abandoned absent certain narrow exceptions).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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