Wayne Ford v. Eric Shinseki

MEMORANDUM

Wayne H. Ford appeals pro se from the district court’s entry of judgment dismiss ing without prejudice of his action alleging constitutional claims arising from the denial of interest on a retroactive veterans’ disability benefits award. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s compliance with our mandate, United States v. Kellington, 217 F.3d 1084, 1092 (9th Cir.2000), and we affirm.

In Ford’s prior appeal, we remanded so that the district court could enter judgment of dismissal without prejudice because the district court lacked subject matter jurisdiction over Ford’s action, which requires dismissal without prejudice. See Veterans for Common Sense v. Shinseki, 678 F.3d 1013, 1022, 1026-32 (9th Cir.2012) (en banc) (Court of Appeals for Veterans Claims has exclusive jurisdiction to review administrative decisions regarding veterans’ disability benefits, including all factual, legal, and constitutional questions involving benefits laws); Kelly v. Fleetwood Enters., Inc., 377 F.3d 1034, 1036 (9th Cir.2004) (dismissals for lack of subject matter jurisdiction should be without prejudice). Accordingly, the district court…