Sekayi Rudo WHITE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.
Decided: May 08, 2020
Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges.
Sekayi Rudo White, Pro Se Joseph Frueh, USSAC - Office of the US Attorney, Sacramento, CA, for Defendant - Appellee
Sekayi Rudo White 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”) arising from the alleged depletion of funds from two of White’s Washington Mutual accounts. 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 for lack of subject matter jurisdiction White’s action because White failed to file an administrative tort claim with the United States prior to initiating his civil action. See id. (explaining that the FTCA’s administrative claim requirement is jurisdictional and “must be strictly adhered to”). White has alleged no other cognizable legal claims against the United States related to the depletion of his funds.
We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 1992) (concluding pro se appellant abandoned issues not argued in his opening brief).
White’s motion for judicial notice (Docket Entry No. 10) is denied.
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