Floyd A. Wright v. United States of America, and Nathan Fletcher, Malcolm S. Segal and Does I Through Xxiii
Opinion
Opinion
Canby, J.
Floyd Wright filed this action for malicious prosecution under the Federal Tort Claims Act (“FTCA”), seeking damages from the United States and several individual defendants. The district court dismissed the complaint for lack of subject matter jurisdiction. We affirm as to all defendants except the United States.
On April 2, 1980, Wright was indicted for failing to file tax returns and for making false statements on his tax returns. 26 U.S.C. §§ 7203 , 7206(1). A superseding indictment filed on September 24, 1980, charged Wright with making false statements on his 1973 and 1974 income tax returns. The indictments were subsequently dismissed and the government abandoned its prosecution of Wright.
After filing an administrative claim, Wright, proceeding pro per, filed this action in district court under the FTCA alleging in essence that the indictments amounted to malicious prosecution. Wright named the United States, IRS Agent Nathan Fletcher, Assistant United States Attorney Malcolm Segal, and the twenty-three grand jurors that issued the indictment as defendants. The district court dismissed the complaint without leave to amend.