Neil Keehn v. United States

MEMORANDUM

Neil F. Keehn appeals pro se from the district court’s judgment dismissing for lack of subject matter jurisdiction his action seeking an injunction under the Administrative Procedures Act (“APA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Serra v. Lappin, 600 F.3d 1191, 1195 (9th Cir. 2010), and we affirm.

The district court properly dismissed Keehn’s action for lack of subject matter jurisdiction because Keehn did not seek review under the APA of any agency decision to disclose information in violation of the Trade Secrets Act (“TSA”). See Chrysler Corp. v. Brown, 441 U.S. 281, 317-18 , 99 S.Ct. 1705 , 60 L.Ed.2d 208 (1979) (while there is no private right of action to enjoin the disclosure of information under the TSA, a district court may review, under the APA, an agency decision to disclose information in violation of the TSA).

The district court did not abuse its discretion in dismissing Keehn’s action without granting further leave to amend because Keehn did not identify any basis upon which the court could exercise jurisdiction over his action. See Serra, 600 F.3d at 1195, 1200 (setting forth standard of review and factors for a district…