NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 28 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT ANDREW U.D. STRAW, Esquire, No. 23-16039

Plaintiff-Appellant, D.C. No. 3:23-cv-02265-TLT v.

MEMORANDUM* UNITED STATES OF AMERICA,

Defendant-Appellee.

Appeal from the United States District Court

for the Northern District of California

Trina L. Thompson, District Judge, Presiding

Submitted March 26, 2024** Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.

Andrew U.D. Straw appeals pro se from the district court’s order dismissing his action asserting his entitlement to a “merits decision” from the United States Supreme Court. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal for failure to state a claim under 28 U.S.C.

*

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). § 1915(e)(2)(B). Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). We affirm.

The district court properly dismissed Straw’s action because Straw failed to allege facts sufficient to state any plausible claim. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (to avoid dismissal, “a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face” (citation and internal quotation marks omitted)); see also U.S. Const. Art. III, § 2 (delegating authority to create regulations concerning the Supreme Court’s appellate jurisdiction to Congress); 28 U.S.C. § 1254(1) (setting forth writs of certiorari as the method through which a party may seek Supreme Court review).

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

All pending motions and requests are denied.

AFFIRMED.

2 23-16039