Mason H. Rose v. United States

988 F.2d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mason H. ROSE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 91-56332. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 3, 1993. Decided March 5, 1993. Appeal from the United States District Court for the Central District of California; No. CV-87-8458-JGD, John G. Davies, District Judge, Presiding. C.D.Cal. AFFIRMED. Before WALLACE, Chief Judge, and SNEED and CYNTHIA HOLCOMB HALL, Circuit Judges. 1 MEMORANDUM * 2 Mason H. Rose appeals from the dismissal on summary judgment of his claim against the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-80 , arising out of a United States Marshal's alleged negligence in processing the execution sale of Rose's house pursuant to a money judgment against Rose. The district court had jurisdiction under 28 U.S.C. § 1346 (b), and this Court has jurisdiction over Rose's timely appeal…