ANSARI v. UNITED STATES (2021)

MEMORANDUM **

Azizi Ansari appeals pro se from the district court's judgment dismissing his action alleging claims under the Federal Tort Claims Act (“FTCA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the basis of lack of jurisdiction due to a failure to exhaust. Brady v. United States, 211 F.3d 499, 502 (9th Cir. 2000). We affirm.

The district court properly dismissed Ansari's FTCA claim for lack of subject matter jurisdiction because Ansari failed to exhaust his administrative remedies prior to bringing suit. See 28 U.S.C. § 2675(a) (setting forth FTCA's administrative exhaustion requirement); Brady, 211 F.3d at 502-03 (federal courts lack jurisdiction to adjudicate an FTCA claim unless the claimant has first exhausted administrative remedies).

AFFIRMED.