Irwin Jacobowitz; v. ELLEN DE JARNETTE, AKA Ellen Louise De Jarnette;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IRWIN JACOBOWITZ; et al.,
Plaintiffs-Appellants,
v.
ELLEN DE JARNETTE, AKA Ellen Louise
De Jarnette; et al.,
Defendants-Appellees.
No. 22-55772
D.C. No. 5:22-cv-00984-JGB-SP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Jesus G. Bernal, District Judge, Presiding
Submitted June 26, 2023**
Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.
Irwin, Pearl, and Dakota Jacobowitzes’s (“plaintiffs’”) motions to proceed in
forma pauperis (“IFP”) on appeal (Docket Entry Nos. 2, 3, and 4) are granted.
Plaintiffs appeal pro se from the district court’s order denying plaintiffs’
requests to proceed IFP and dismissing for lack of subject matter jurisdiction
* 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 3 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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plaintiffs’ federal housing discrimination action. 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).
VACATED and REMANDED.

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