Michael Storman v. Alta Regional Center

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 20 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL DAVID STORMAN, No. 22-15860 Plaintiff-Appellant, D.C. No. 2:20-cv-00907-KJM-CKD v. MEMORANDUM* ALTA REGIONAL CENTER, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, District Judge, Presiding Submitted April 17, 2023** Before: CLIFTON, R. NELSON, and BRESS, Circuit Judges. Michael David Storman appeals pro se from the district court’s judgment dismissing without prejudice his action alleging federal age and disability discrimination claims. We dismiss for lack of jurisdiction. We lack jurisdiction to review the dismissal because Storman voluntarily * 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). dismissed his action without prejudice. See Concha v. London, 62 F.3d 1493, 1507 (9th Cir. 1995) (“A voluntary dismissal without prejudice is ordinarily not a final judgment from which the plaintiff may appeal.”); see also WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1135 (9th Cir. 1997) (en banc) (jurisdiction must be raised sua sponte). DISMISSED. 2 22-15860