Gary Kendall v. United States

MEMORANDUM

Gary Owen Kendall appeals pro se from the district court’s judgment dismissing his putative class action arising from alleged wrongs directed against veterans and their families. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. §§ 1915A and 1915(e)(2)(B)(ii). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We may affirm on any ground supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm.

Dismissal of Kendall’s action was proper because the district court lacked subject matter jurisdiction over Kendall’s claims relating to or affecting veteran’s benefits decisions, including the RICO claims. See 38 U.S.C. § 511 (a); Veterans for Common Sense v. Shinseki, 678 F.3d 1013, 1021-26 (9th Cir.2012) (en banc) (district court does not have jurisdiction over claims that would require it to review a question of fact or law relating to or affecting veteran’s benefit decision, “even if the veteran dresses his claim as a constitutional challenge, and even where the veteran has challenged some other wrongful…