Leocadia Buendia v. U.S. Navy

12 F.3d 1105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leocadia BUENDIA, Plaintiff-Appellant, v. U.S. NAVY, Defendant-Appellee. No. 93-35115. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Dec. 1, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Leocadia Buendia appeals pro se the district court's order dismissing for lack of subject matter jurisdiction her action against the Department of Navy under the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 1346 (b), 2671-2680 et seq., which alleged she suffered emotional distress as a result of harassment from an immediate supervisor. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Generally, a dismissal should not be affirmed unless it is clear that the deficiencies in the complaint could not be cured by amendment. Kelson v. City of Springfield, 767 F.2d 651, 656 (9th Cir.1985). Nevertheless, "if it appears to a certainty that the…