Daniel White v. United States

FILED

NOT FOR PUBLICATION

JUN 27 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL LEE WHITE, No. 21-35613

Plaintiff-Appellant, D.C. No. 3:20-cv-02259-MO

v.

MEMORANDUM*

UNITED STATES OF AMERICA,

Defendant-Appellee.

Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding

Argued and Submitted June 8, 2022 Portland, Oregon

Before: SCHROEDER and SUNG, Circuit Judges, and ANTOON,** District Judge.

Daniel Lee White appeals the district court’s judgment granting the United

States’ motion to dismiss his negligence claim filed under the Federal Tort Claims

Act. White suffered serious injuries while operating an all-terrain vehicle (ATV)

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable John Antoon II, United States District Judge for the Middle District of Florida, sitting by designation. on National Forest land. His claim is governed by an Oregon statute that contains

a recreational immunity…