Filed: Oct. 19, 2009
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED _ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 09-11038 Oct. 19, 2009 Non-Argument Calendar THOMAS K. KAHN _ CLERK D. C. Docket No. 08-60666-CV-ASG TARIKU H. KEIRA, Including Lloyd White, (deceased), including Former and Present United States Postal Service Employees, Plaintiff-Appellant, versus UNITED STATES OF AMERICA, doing business as and thru, UNITED STATES POSTAL SERVICE, UNITED STATES OFFICE OF PERSONNEL M
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED _ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 09-11038 Oct. 19, 2009 Non-Argument Calendar THOMAS K. KAHN _ CLERK D. C. Docket No. 08-60666-CV-ASG TARIKU H. KEIRA, Including Lloyd White, (deceased), including Former and Present United States Postal Service Employees, Plaintiff-Appellant, versus UNITED STATES OF AMERICA, doing business as and thru, UNITED STATES POSTAL SERVICE, UNITED STATES OFFICE OF PERSONNEL MA..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 09-11038 Oct. 19, 2009
Non-Argument Calendar THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 08-60666-CV-ASG
TARIKU H. KEIRA,
Including Lloyd White, (deceased),
including Former and Present United
States Postal Service Employees,
Plaintiff-Appellant,
versus
UNITED STATES OF AMERICA,
doing business as and thru,
UNITED STATES POSTAL SERVICE,
UNITED STATES OFFICE OF PERSONNEL MANAGEMENT,
FEDERAL EMPLOYEE'S GROUP LIFE INSURANCE COMPANY,
METROPOLITAN LIFE INSURANCE COMPANY, (Met Life),
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(October 19, 2009)
Before TJOFLAT, MARCUS and FAY, Circuit Judges.
PER CURIAM:
Tariku Keira, pro se, appeals the district court’s order dismissing his
amended complaint under the Federal Employees’ Group Life Insurance Act, 5
U.S.C. § 8701, et seq. Keira alleged that the United States Office of Personnel
Management and Metropolitan Life Insurance Company negligently awarded the
proceeds from his brother Lloyd White’s death benefits to three individuals who
fraudulently posed as White’s children. The district court dismissed Keira’s
amended complaint on four independent grounds: (1) a lack of subject matter
jurisdiction; (2) a failure to comply with Fed.R.Civ.P. 8(a); (3) a failure to comply
with Fed.R.Civ.P. 10(b); and (4) a failure to comply with a previous contempt
order that required Keira to file a copy of the order with all future complaints filed
in the Southern District of Florida. Construed liberally, Keira’s appeal brief argues
that: (1) the district court had subject matter jurisdiction over his claim; (2) his
complaint was plain in accordance with Rule 8(a); and (3) his complaint was not
confusing in accordance with Rule 10(b). After thorough review, we affirm.
We review a district court’s dismissal for lack of subject matter jurisdiction
de novo. Ochran v. United States,
273 F.3d 1315, 1317 (11th Cir. 2001). We read
briefs filed by pro se litigants liberally. Timson v. Sampson,
518 F.3d 870, 874
(11th Cir.), cert. denied,
129 S. Ct. 74 (2008). However, even pro se petitioners can
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abandon claims by not raising issues in their initial brief.
Id. In liberally
construing whether a pro se appellant has raised an issue for appeal, we will not act
as de facto counsel for the appellant or otherwise rewrite a deficient pleading. GJR
Invs., Inc. v. County of Escambia,
132 F.3d 1359, 1369 (11th Cir. 1998).
As an initial matter, we agree with Keira that the federal district court had
jurisdiction over Keira’s claim. The Office of Personnel Management (“OPM”) is
granted jurisdiction to administer the Civil Service Retirement System (“CSRS”), 5
U.S.C. § 8347(a), the Federal Employees’ Retirement System (“FERS”), 5 U.S.C.
§ 8461(b), and the Federal Employees’ Group Life Insurance (“FEGLI”),
5 U.S.C. § 8716. Administrative actions or orders arising under CSRS or FERS
are appealed to the Merit Systems Protection Board (“MSPB”). See 5 U.S.C. §§
8347(d)(1) (CSRS), 8461(e)(1) (FERS). Jurisdiction over decisions rendered by
the MSPB rests exclusively with the Federal Circuit. 5 U.S.C. § 7703(b)(1); 28
U.S.C. § 1295(a)(9).
FEGLI, on the other hand, is governed by Chapter 87, which does not grant
jurisdiction to the MSPB. Instead, Chapter 87 states, “[t]he district courts of the
United States have original jurisdiction, concurrent with the United States Court of
Federal Claims, of a civil action or claim against the United States founded on this
chapter.” 5 U.S.C. § 8715. Thus, “the district courts and the Court of Federal
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Claims have jurisdiction of a claim against the Government ... under the life
insurance act to the extent that the claim can be shown to involve some right
created by that Act and a breach by the Government of some duty with respect
thereto.” Lewis v. Merit Systems Protection Board,
301 F.3d 1352, 1353 (Fed. Cir.
2002) (quotations and brackets omitted).
As applied here, Keira’s claim for relief arises under the FEGLI. As Lewis
makes clear, the district courts have subject matter jurisdiction over claims arising
under the FEGLI.
Id. Therefore, the district court erroneously dismissed Keira’s
amended complaint for lack of subject matter jurisdiction.
Nonetheless, we find no merit to Keira’s claim on appeal. Keira has
abandoned any challenge to the district court’s order dismissing his amended
complaint for failure to comply with a previous contempt order. On appeal, the
only somewhat related issue Keira challenges is the district court’s imposition of a
$1,500 bond, which the district court never actually imposed. Thus, there is simply
nothing in Keira’s brief that we can construe to raise this argument, without
becoming Keira’s de facto counsel. Accordingly, because this was an independent
ground for dismissal, we affirm the district court’s order dismissing Keira’s
amended complaint.
AFFIRMED.
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