AZIZI ANSARI V. USA, No. 20-16926 (9th Cir. 2021)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 22 2021 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT AZIZI ANSARI, U.S. COURT OF APPEALS No. 20-16926 Plaintiff-Appellant, v. D.C. No. 4:19-cv-00502-RM-PSOT MEMORANDUM* UNITED STATES OF AMERICA; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Arizona Rosemary Márquez, District Judge, Presiding Submitted September 14, 2021** Before: PAEZ, NGUYEN, and OWENS, Circuit Judges. 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 * 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). 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. 2 20-16926

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