Eric L. Holman v. United States

967 F.2d 586 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eric L. HOLMAN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 91-15012. United States Court of Appeals, Ninth Circuit. Submitted Feb. 13, 1992. * Decided June 5, 1992. 1 Before FLETCHER, D.W. NELSON and FERNANDEZ. Circuit Judges. 2 MEMORANDUM ** 3 Eric Holman appeals the dismissal of his action for lack of subject matter jurisdiction. We affirm. 4 On August 6, 1988, Holman, then a private in the United States Army, was involved in an automobile accident on the Fort Ord Army Base in California which left him a quadriplegic. The district court found, and the parties agree, that the accident occurred while Holman and two other privates, Scott Johnson and Pierre Remy, were driving from Remy's barracks to Holman's. The privates were in two cars, with Holman a passenger in Johnson's vehicle. Johnson and Remy began to race, driving at speeds in excess of seventy miles per hour in a…