Bo Liu v. Central Intelligence Agency

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BO LIU,
Plaintiff-Appellant,
v.
CENTRAL INTELLIGENCE AGENCY,
Defendant-Appellee.
No. 18-55813
D.C. No. 8:17-cv-00343-PSG-SHK
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Submitted September 12, 2018**
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Bo Liu appeals pro se from the district court’s judgment dismissing his
action alleging constitutional claims. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo the district court’s determination regarding subject
matter jurisdiction. Gingery v. City of Glendale, 831 F.3d 1222, 1226 (9th Cir.
* 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).
FILED
SEP 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-55813
2016). We affirm.
The district court properly dismissed Liu’s action for lack of subject matter
jurisdiction because the complaint is obviously frivolous. See Franklin v. Murphy,
745 F.2d 1221, 1227 n.6 (9th Cir. 1984) (“A paid complaint that is obviously
frivolous does not confer federal subject matter jurisdiction, and may be dismissed
sua sponte before service of process.” (citation and internal quotation marks
omitted)).
AFFIRMED.

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