Martin Allen Johnson v. United States

19 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Martin Allen JOHNSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-35734. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided March 3, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Martin Allen Johnson appeals pro se the district court's summary judgment for the United States in his action brought under the Federal Tort Claims Act, 28 U.S.C. Secs. 2671-80 ("FTCA"). We have jurisdiction under 28 U.S.C. Sec. 1291 , 1 and we affirm. 3 The government's motion was one to dismiss or alternatively, for summary judgment. The district court granted summary judgment because it reviewed matters outside the pleadings. On a motion to dismiss for lack of subject matter jurisdiction, however, a district court may consider matters outside the pleadings without converting the motion into one for summary judgment under…