George Swails v. United States

MEMORANDUM

Appellant George Swails (“Swails”) appeals the dismissal of his lawsuit against the United States of America under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346 (b), 2401, 2671-2680. We review de novo the district court’s dismissal without prejudice or leave to amend. Oki Semiconductor Co. v. Wells Fargo Bank, 298 F.3d 768, 772 (9th Cir.2002). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court’s decision.

Swails’s suit against the United States arises out of treatment for the infection of his finger. SER 3. Swails was treated at the North Las Vegas Family Health Center by P. James Somers, a physician assistant. SER 2. Both the Center and Mr. Somers are covered under the FTCA by operation of the Federally Supported Health Centers Assistance Act, 42 U.S.C. § 233 (g)-(n). The district court dismissed Swails’s suit, finding that he had failed to submit an affidavit of merit as required by law. Swails appeals the district court’s dismissal, arguing that the affidavit requirement does not reach his claim because he did not file suit against a physician or hospital. We disagree.

Claims made under the FTCA are governed by the…