Filed: May 08, 2020
Latest Update: May 09, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 8 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL T. MORALES, No. 19-15870 Plaintiff-Appellant, D.C. No. 2:18-cv-03051-TLN-AC v. MEMORANDUM* UNITED STATES OF AMERICA, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding Submitted May 6, 2020** Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges. Michael T. Mora
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 8 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL T. MORALES, No. 19-15870 Plaintiff-Appellant, D.C. No. 2:18-cv-03051-TLN-AC v. MEMORANDUM* UNITED STATES OF AMERICA, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding Submitted May 6, 2020** Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges. Michael T. Moral..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 8 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL T. MORALES, No. 19-15870
Plaintiff-Appellant, D.C. No. 2:18-cv-03051-TLN-AC
v.
MEMORANDUM*
UNITED STATES OF AMERICA,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of California
Troy L. Nunley, District Judge, Presiding
Submitted May 6, 2020**
Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges.
Michael T. Morales appeals pro se from the district court’s judgment
dismissing for lack of subject matter jurisdiction his action under the Federal Tort
Claims Act (“FTCA”) alleging he became disabled after receiving negligent
medical care from Northern Valley Indian Health (“NVIH”)—a tribal clinic for
*
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).
which the federal government has contractually assumed tort liability under the
FTCA for personal injury resulting from NVIH employees’ medical care. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Brady v. United States,
211 F.3d 499, 502 (9th Cir. 2000). We affirm.
The district court properly dismissed Morales’s action for lack of subject
matter jurisdiction because Morales failed to file an administrative tort claim with
the United States prior to initiating his civil action. See
id. at 502–04 (explaining
that the FTCA’s administrative claim requirement is jurisdictional and “must be
strictly adhered to”; affirming district court’s dismissal of FTCA claim).
AFFIRMED.
2 19-15870