MORALES v. UNITED STATES (2020)

MEMORANDUM **

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 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.