KAMAL v. UNITED STATES (2019)

MEMORANDUM **

Karim Christian Kamal appeals pro se from the district court’s summary judgment in his Federal Tort Claims Act (“FTCA”) action alleging claims arising from a motor vehicle accident in the Angeles National Forest. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Guatay Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011) (cross-motions for summary judgment); Green v. United States, 630 F.3d 1245, 1248 (9th Cir. 2011) (district court’s application of the FTCA’s discretionary function exception). We affirm.

The district court properly granted summary judgment for defendant because it is immune from liability on Kamal’s claims under the “discretionary function” exception to the FTCA. See 28 U.S.C. § 2680(a); United States v. Gaubert, 499 U.S. 315, 322-23, 111 S.Ct. 1267, 113 L.Ed.2d 335 (1991) (the discretionary function exception covers acts that are “discretionary in nature” and “based on considerations of public policy”).

We do not consider 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.