Walter Shaw v. Veterans Health Administration

MEMORANDUM

Walter M. Shaw appeals pro se from the district court’s judgment dismissing his employment action. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for lack of subject matter jurisdiction, including whether the United States has waived its sovereign immunity. Harger v. Dept of Labor, 569 F.3d 898, 903 (9th Cir. 2009). We affirm.

The district court properly dismissed Shaw’s state law claims as barred by sovereign immunity because Shaw failed to show that the United States has waived its sovereign immunity from suit. See United States v. Mitchell, 463 U.S. 206, 212 , 103 S.Ct. 2961 , 77 L.Ed.2d 580 (1983) (“It is axiomatic that the United States may not be sued without its consent and that the existence of consent is a prerequisite for jurisdiction.”); Weber v. Dept of Veterans Affairs, 521 F.3d 1061, 1065 (9th Cir. 2008) (“[A] person attempting to sue a federal agency or officer must demonstrate that the claim being asserted is covered by a specific statutory authorization to sue the United States.” (citation and internal quotation marks omitted)).

Shaw has waived any claims of error relating to the dismissal of the federal…