Saragosa Jimenez, Petitioner-appellant, v. J.h. Crabtree, Warden, Respondent-appellee, 67 F.3d 307 (9th Cir. 1995)

MEMORANDUM^** 

Saragosa Jimenez, a former federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2241 habeas petition as moot. We affirm.

In his petition, Jimenez sought release on the ground that he was improperly denied good time credits and consequently held beyond his mandatory release date. The district court properly dismissed the petition as moot because Jimenez, who was released on June 13, 1994, had already obtained the relief he sought. See Picron-Peron v. Rison, 930 F.2d 773, 776 (9th Cir. 1991).

To the extent Jimenez sought monetary damages, the district court properly dismissed the claim for lack of jurisdiction. First, if construed as a claim under the Federal Tort Claims Act, the claim fails because Jimenez did not file an administrative claim. See Jerves v. United States, 966 F.2d 517, 519 (9th Cir. 1992) (filing of an administrative claim is a jurisdictional prerequisite). Second, to the extent that Jimenez is alleging tort claims against the defendants in their official capacities, these claims are against the United States. See Gilbert v. DaGrossa, 756 F.2d 1455, 1458 (9th Cir. 1985). Because the United States has not waived its sovereign immunity for constitutional torts, the district court correctly dismissed these claims. See Rivera v. United States, 924 F.2d 948, 951 (9th Cir. 1991). Finally, to the extent that Jimenez is alleging tort claims against the defendants in their individual capacities, the district court properly dismissed them for lack of personal jurisdiction. See Daly-Murphy v. Winston, 837 F.2d 348, 355 (9th Cir. 1987).

AFFIRMED.