Jehan Zeb Mir v. Richard G. Fosburg

The panel unanimously agrees that this case is appropriate for submission without oral argument. See Fed.R.App.P. 34(a).

Jehan Zeb Mir appeals the dismissal of his claim for improper termination from the Balboa Naval Hospital staff. His suit was dismissed with prejudice for failure to prosecute diligently. Mir commenced the instant action in state court in 1972. The defendants, United States Government officials, removed the suit to federal district court pursuant to 28 U.S.C. § 1442 (a).

In 1972, defendants moved for dismissal on the ground that they were protected by the doctrine of official immunity. The district court granted the motion; Mir appealed, and we reversed and remanded for reconsideration in light of then recent Ninth Circuit decisions on the scope of official immunity. See Mir v. Fosburg, No. 73-2416 (9th Cir. July 8, 1974) (memorandum decision). On remand, defendants again moved for dismissal for failure to state a claim and for lack of subject matter jurisdiction in the federal court. The district court granted defendant’s motion to dismiss on the ground that it lacked jurisdiction. Mir appealed and we reversed and remanded holding that the district court had…