NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHARLES G. KINNEY,

Plaintiff

- Appellant,

v. THREE ARCH BAY COMMUNITY SERVICES DISTRICT; et al.,

Defendants

- Appellees. No. 18

- 56550
D.C. No. 8:17

- cv - 01693

- RGK

- JC

MEMORANDUM *

Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding Submitted November 9 , 2020 * *
Before: THOMAS, Chief Judge, TASHIMA and W. FLETCHER, Circuit Judges. Charles G. Kinney appeals pro se from the district court’s judgment dismissing his action alleging violations of the Clean Water Act (“CWA”), 33 U.S.C. § 1365. We have jurisdiction under 28 U.S.C. § 1291. We review de novo

* 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). Kinney’s re quest for oral argument, set forth in the opening brief, is denied. 

# FILED

NOV 16 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 18

- 56550

a dismissal for lack of subject matter jurisdiction under the CWA

. Wash

. Trout v. McCain Foods, Inc. , 45 F.3d 1351, 1353 (9th Cir. 1995) ( dismissal for lack of subject matter jurisdiction under the CWA )

. We may affirm on any basis supported by the recor d. Thompson v. Paul , 547 F.3d 1055, 1058

- 59 (9th Cir. 2008). We affirm. The district court properly dismissed for lack of subject matter jurisdiction Kinney’s claims in the first amended complaint against defendants Three Arch Bay Community Services District, Three Arch Bay Association, City of Laguna Beach, and California Dep artment of Transportation . D ismissal of Kinney’s claims in the complaint against defendants Viviani, John Chaldu, and Lynn Chaldu was also
proper because Kinney failed to provide defendants with adequate notice of the alleged CWA violations. See 40 C.F.R . § 135.3 (notice under CWA must provide sufficient information to permit recipient to identify violation); Wash

. Trout , 45 F.3d at 1354

- 55 (affirming dismissal of CWA action for lack of subject matter jurisdiction where notice was “insufficient as require d by the regulations promulgated under the CWA”)

. The district court did not abuse its discretion by dismissing the first amended complaint without leave to amend because amendment would have be en futile.
See Cervantes v. Countrywide Home Loans, Inc. , 656 F.3d 1034, 104 1 (9th Cir. 2011) (setting forth standard of review and explaining that dismissal without leave3 18

- 56550

to amend is proper when amendment would be futile). The district court did not abuse its discretion by declaring Kinney a vexatious lit igant and entering a pre

- filing review order against him because all of the requirements for entering a pre

- filing review order were met. See Ringgold

Lockhart v. County of Los Angeles , 761 F.3d 1057, 1062 (9th Cir. 2014) (setting forth requirements for p re - filing review orders). The district court did not abuse its discretion by transferring the case to Judge Klausner in the Western Division of the U.S. District Court for the Central District of California. See 28 U.S.C. § 1404(b) (intradistrict transfer between divisions is within the discretion of the district court); Jones v. GNC Franchising,
Inc. , 211 F.3d 495, 498 (9th Cir. 2000) ( standard of review ). We do not consider matters not specifically and distinc tly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.