David Matthews v. United States

MEMORANDUM

David G. Matthews appeals pro se from the district court’s judgment dismissing his Federal Tort Claims Act (“FTCA”) action alleging claims arising from Navy officials’ investigation and remediation of an incident of child abuse involving Matthews’s minor daughter. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for lack of subject matter jurisdiction and application of the discretionary function exception to the FTCA, Green v. United States, 630 F.3d 1245, 1248 (9th Cir.2011), and we affirm.

The district court properly dismissed Matthews’s action for lack of subject matter jurisdiction because the United States is immune from liability under the “discretionary function” exception to the FTCA. 28 U.S.C. § 2680 (a); United States v. Gaubert, 499 U.S. 315, 322-23 , 111 S.Ct. 1267 , 113 L.Ed.2d 335 (1991) (the discretionary function exception covers acts that are “discretionary in nature” and “based on considerations of public policy”).

The district court did not abuse its discretion in denying Matthews’s motion for default judgment because Matthews was not prejudiced by the government’s short delay in filing a response to…