Irwin Jacobowitz; v. Rick Hawthorne;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IRWIN JACOBOWITZ; et al.,
Plaintiffs-Appellants,
v.
RICK HAWTHORNE; et al.,
Defendants-Appellees.
No. 22-55769
D.C. No. 2:22-cv-04038-DSF-KS
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted June 26, 2023**
Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.
Irwin, Pearl, Dakota, Arizona, and Montana Jacobowitzes’s (“plaintiffs’”)
motion to proceed in forma pauperis (“IFP”) on appeal (Docket Entry No. 3) is
granted.
Plaintiffs appeal pro se from the district court’s order denying plaintiffs’
* 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
JUL 10 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-55769
requests to proceed IFP and dismissing for lack of subject matter jurisdiction
plaintiffs’ action alleging various claims arising out of their eviction from a rental
property. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse
of discretion the denial of an IFP request. Rodriguez v. Steck, 795 F.3d 1187, 1188
(9th Cir. 2015) (order). We vacate and remand.
The district court denied plaintiffs’ requests to proceed IFP and dismissed
the action without leave to amend because plaintiffs failed to allege any violation
of federal law or diversity of citizenship. However, the district court did not
determine that amendment would be futile. We vacate and remand for the district
court to allow plaintiffs the opportunity to file an amended complaint. See id. at
1188 (plaintiff should be given leave to amend the complaint with directions as to
curing its deficiencies, unless it is absolutely clear from the face of the complaint
that the deficiencies could not be cured by amendment).
Plaintiffs’ motion to amend the opening brief (Docket Entry No. 8) is
granted. The Clerk will strike the opening brief filed at Docket Entry No. 6 and
file the amended opening brief received at Docket Entry No. 7.
All other pending motions and requests are denied.
VACATED and REMANDED.

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