Todd Gibbons v. Bob Ferguson

MEMORANDUM

Todd Roy Gibbons appeals pro se from the district court’s order denying him leave to proceed in forma pauperis (“IFP”) and- dismissing his complaint alleging that the United States, through Washington state agencies and actors, improperly diagnosed and treated his disabilities. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s finding that it lacked subject matter jurisdiction, Arrington v. Wong, 237 F.3d 1066, 1069 (9th Cir.2001), and review for an abuse of discretion the district court’s denial of leave to proceed IFP, Minetti v. Port of Seattle, 152 F.3d 1113, 1114 (9th Cir.1998) (per curiam). We affirm.

The district court properly concluded that it lacked subject matter jurisdiction over Gibbons’s Federal Tort Claims Act (“FTCA”) action because Gibbons failed to show that he exhausted his administrative remedies before filing the action. See 28 U.S.C. § 2675 (a) (requiring that a federal agency first deny an administrative claim in writing or fail to make a final disposition of the claim within six months after it is filed); Brady v. United States, 211 F.3d 499, 502 (9th Cir.2000) (the filing of an administrative claim before…