Joshua Scott v. Pacificorp

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 24 2025

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSHUA M. SCOTT, Trustee of the Winona No. 23-35608 Road Trust u/t/d July 24, 2020,

D.C. No. 1:22-cv-00174-AA Plaintiff-counter- defendant-Appellant,

MEMORANDUM* v. PACIFICORP, an Oregon corporation,

Defendant-counter-claimant- Appellee.

Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding Submitted February 18, 2025**

Before: SILVERMAN, WARDLAW, and DESAI, Circuit Judges.

Joshua M. Scott, as trustee of the Winona Road Trust (“the Trust”), appeals pro se from the district court’s judgment dismissing his action alleging federal and state law claims concerning PacifiCorp’s right-of-way easement in properties

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. owned by the Trust. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997). We affirm.

The district court properly dismissed Scott’s action without prejudice because Scott may not represent the Trust pro se. See C.E. Pope Equity Tr. v. United States, 818 F.2d 696, 698 (9th Cir. 1987) (explaining that a party “may not claim that his status as trustee includes the right to present arguments pro se in federal court”).

AFFIRMED.

2 23-35608