KARIM KAMAL V. USA, No. 18-55129 (9th Cir. 2019)

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NOT FOR PUBLICATION FILED MAR 19 2019 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT KARIM CHRISTIAN KAMAL, Plaintiff-Appellant, No. U.S. COURT OF APPEALS 18-55129 D.C. No. 2:15-cv-01585-FMO-JC v. MEMORANDUM* UNITED STATES OF AMERICA, Defendant-Appellee. Appeal from the United States District Court for the Central District of California Fernando M. Olguin, District Judge, Presiding Submitted March 12, 2019** Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges. Karim Christian Kamal appeals pro se from the district court’s summary judgment in his Federal Tort Claims Act (“FTCA”) action alleging claims arising from a motor vehicle accident in the Angeles National Forest. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Guatay Christian * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011) (crossmotions for summary judgment); Green v. United States, 630 F.3d 1245, 1248 (9th Cir. 2011) (district court’s application of the FTCA’s discretionary function exception). We affirm. The district court properly granted summary judgment for defendant because it is immune from liability on Kamal’s claims under the “discretionary function” exception to the FTCA. See 28 U.S.C. § 2680(a); United States v. Gaubert, 499 U.S. 315, 322-23 (1991) (the discretionary function exception covers acts that are “discretionary in nature” and “based on considerations of public policy”). We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). AFFIRMED. 2 18-55129

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