Michael Fletcher v. State of Missouri

MEMORANDUM

Michael R. Fletcher, an attorney, appeals pro se from the district court’s judgment dismissing his action alleging various federal and state causes of action in connection with his suspension from the practice of law in the state of Missouri and in the federal district court for the Western District of Missouri. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Zuress v. Donley, 606 F.3d 1249, 1252 (9th Cir.2010) (lack of subject matter jurisdiction); Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 800 (9th Cir.2004) (lack of personal jurisdiction). We affirm.

The district court properly determined that the Federal Tort Claims Act (“FTCA”) governs Fletcher’s tort claims against the federal defendants, substituted the United States as defendant, and dismissed these claims because Fletcher failed to file an administrative claim before filing suit. See Osborn v. Haley, 549 U.S. 225, 229-30 , 127 S.Ct. 881 , 166 L.Ed.2d 819 (2007) (where federal employee is sued for wrongful or negligent conduct and U.S. Attorney General certifies that employee was acting within scope of employment, United States is substituted as defendant, and litigation becomes…