Filed: Oct. 30, 2020
Latest Update: Oct. 30, 2020
Summary: United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT _ No. 20-7050 September Term, 2020 1:20-cv-01117-UNA Filed On: October 30, 2020 Brud Rossmann, Esquire, Appellant v. Terrence Austin, Esquire, et al., Appellees ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BEFORE: Henderson and Katsas, Circuit Judges, and Sentelle, Senior Circuit Judge JUDGMENT This appeal was considered on the record from the United States District Court for the District of Colum
Summary: United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT _ No. 20-7050 September Term, 2020 1:20-cv-01117-UNA Filed On: October 30, 2020 Brud Rossmann, Esquire, Appellant v. Terrence Austin, Esquire, et al., Appellees ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BEFORE: Henderson and Katsas, Circuit Judges, and Sentelle, Senior Circuit Judge JUDGMENT This appeal was considered on the record from the United States District Court for the District of Columb..
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United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 20-7050 September Term, 2020
1:20-cv-01117-UNA
Filed On: October 30, 2020
Brud Rossmann, Esquire,
Appellant
v.
Terrence Austin, Esquire, et al.,
Appellees
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BEFORE: Henderson and Katsas, Circuit Judges, and Sentelle, Senior Circuit
Judge
JUDGMENT
This appeal was considered on the record from the United States District Court
for the District of Columbia and on the brief and appendix filed by appellant. See Fed.
R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is
ORDERED AND ADJUDGED that the district court’s order filed June 1, 2020, be
affirmed. The district court properly dismissed the case without prejudice for lack of
subject matter jurisdiction, because the complaint neither established federal question
nor diversity of citizenship jurisdiction. See Fed. R. Civ. P. 12(h)(3); 28 U.S.C. §§ 1331,
1332; see also Johnson v. Robinson,
576 F.3d 522, 522 (D.C. Cir. 2009) (per curiam)
(“Federal court jurisdiction must affirmatively appear clearly and distinctly. The mere
suggestion of a federal question is not sufficient to establish the jurisdiction of federal
courts.”) (quoting Bilal v. Kaplan,
904 F.2d 14, 15 (8th Cir. 1990) (per curiam)).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk
is directed to withhold issuance of the mandate herein until seven days after resolution
of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App.
P. 41(b); D.C. Cir. Rule 41.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Daniel J. Reidy
Deputy Clerk