Andre B. Thompson v. United States

8 F.3d 30 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Andre B. THOMPSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 92-55976. United States Court of Appeals, Ninth Circuit. Submitted Aug. 6, 1993. * Decided Aug. 30, 1993. Before NOONAN, FERNANDEZ, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Andre Thompson appeals the district court's dismissal with prejudice of his Federal Tort Claims Act (FTCA) claim for injuries which arose out of an accident on a military base. Thompson, then a member of the United States Marine Corps, seriously injured himself while shopping at the 24 Area Post Exchange (PX) at Camp Pendleton, California, where he was stationed. The PX was under the control of the military. Thompson was on "liberty" (off-duty status) at the time. Rendered totally disabled by the injury, he was discharged. The district court found that it lacked subject matter jurisdiction over his claim because the Feres 1 doctrine barred claims…