Pintor v. Borrow Smart Mortgage, Inc.
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 26 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ISRAEL McCLAY PINTOR, In Full Life, No. 25-709 Sui Juris, D.C. No. 3:24-cv-00715-AR Plaintiff - Appellant, v. MEMORANDUM* BORROW SMART MORTGAGE, INC.; UNITED WHOLESALE MORTGAGE, LLC; FEDERAL NATIONAL MORTGAGE ASSOCIATION, Defendants - Appellees.
Appeal from the United States District Court for the District of Oregon Michael H. Simon, District Judge, Presiding Submitted August 25, 2026** Before: SILVERMAN, N.R. SMITH, and DE ALBA, Circuit Judges.
Israel McClay Pintor appeals pro se from the district court’s judgment dismissing for lack of subject matter jurisdiction Pintor’s action seeking to quiet
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. title to real property in Oregon. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(1).
Davidson v. Kimberly-Clark Corp., 889 F.3d 956, 963 (9th Cir. 2018). We affirm.
The district court properly dismissed Pintor’s action because Pintor failed to satisfy his burden of establishing subject matter jurisdiction. See 28 U.S.C. § 1331 (setting forth requirements for federal question jurisdiction); 28 U.S.C. § 1332(a) (setting forth requirements for diversity jurisdiction); Bishop Paiute Tribe v. Inyo County, 863 F.3d 1144, 1151 (9th Cir. 2017) (explaining that “[t]he party asserting jurisdiction bears the burden of establishing subject matter jurisdiction” and that “[d]ismissal for lack of subject matter jurisdiction is appropriate if the complaint, considered in its entirety, on its face fails to allege facts sufficient to establish subject matter jurisdiction” (citation omitted)); Kuntz v. Lamar Corp., 385 F.3d 1177, 1181 (9th Cir. 2004) (“For a case to qualify for federal jurisdiction under 28 U.S.C. § 1332(a), there must be complete diversity of citizenship between the parties opposed in interest.”).
AFFIRMED.
2 25-709
Case-law data current through December 31, 2025. Source: CourtListener bulk data.