PORTILLO v. UNITED STATES (2018)

MEMORANDUM **

Romulo Antonio Portillo, a former federal prisoner, appeals pro se from the district court’s judgment dismissing for lack of subject matter jurisdiction his Federal Tort Claims Act (“FTCA”) action arising from an allegedly negligent miscalculation of Portillo’s sentence. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Snow-Erlin v. United States, 470 F.3d 804, 807 (9th Cir. 2006). We affirm.

The district court properly dismissed Portillo’s action for lack of subject matter jurisdiction because the FTCA bars claims against the United States arising out of false imprisonment. See 28 U.S.C. § 2680(h) (FTCA waiver does not apply to any claim arising out false imprisonment); Snow-Erlin, 470 F.3d at 808-09 (“If the gravamen of [p]laintiff’s complaint is a claim for an excluded tort under § 2680(h), then the claim is barred․ Plaintiff cannot sidestep the FTCA’s exclusion of false imprisonment claims by suing for the damage of false imprisonment under the label of negligence.”).

Because we conclude the district court lacked jurisdiction, we do not consider Portillo’s contentions regarding the merits of his claims.

AFFIRMED.