Kaysee Nitta v. United States

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 12 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KAYSEE NITTA, No. 20-16362

Plaintiff-Appellant, D.C. No. 2:17-cv-01137-GMN-DJA v.

UNITED STATES OF AMERICA, MEMORANDUM*

Defendant-Appellee.

Appeal from the United States District Court for the District of Nevada Gloria M. Navarro, District Judge, Presiding

Submitted August 5, 2021** Anchorage, Alaska

Before: WARDLAW, MILLER, and BADE, Circuit Judges.

Kaysee Nitta sued the United States pursuant to the Federal Tort Claims Act

(“FTCA”), 28 U.S.C. § 1346(b)(1), for injuries she sustained from an explosion

caused by someone placing a barrel containing diesel fuel in a bonfire that she

attended at Rainbow Mill, a privately operated § 3809 mining site located on

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). public lands in…