NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 24 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT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. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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