Gys Jansen Van Beek, Plaintiff-appellant, v. United States of America; Small Business Administration,defendants-appellees, 21 F.3d 1119 (9th Cir. 1994)

MEMORANDUM^** 

Gys Jansen Van Beek appeals pro se the district court's Fed. R. Civ. P. 12(b) (1) dismissal of his action alleging that the United States and the Small Business Administration (SBA) engaged in tortious conduct regarding the origination and servicing of an SBA disaster loan to a third party. Van Beek contends that the district court erred by concluding that it lacked subject matter jurisdiction because he failed to exhaust his administrative remedies. We review de novo, Mundy v. United States, 983 F.2d 950, 952 (9th Cir. 1993), and we affirm.

Here, the pertinent facts are undisputed. Van Beek filed this action against the United States in district court before filing an administrative claim with the SBA. Under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671-80, however, Van Beek was required to pursue his administrative remedies with the SBA before filing suit in district court. See Jerves v. United States, 966 F.2d 517, 519 (9th Cir. 1992) (section 2675(a) requires the claimant to present his claim to the appropriate federal agency before filing an action in district court).

Despite Van Beek's argument that a "technical" defense should not preclude review of his action, we repeat that section 2675(a) is a jurisdictional requirement which may not be waived. See Jerves, 966 F.2d at 519. Because Van Beek did not comply with this jurisdictional requirement, the district court properly dismissed his action for lack of subject matter jurisdiction.¹ 

AFFIRMED.