Gys Jansen Van Beek v. United States of America Small Business Administration

21 F.3d 1119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gys Jansen VAN BEEK, Plaintiff-Appellant, v. UNITED STATES of America; Small Business Administration, Defendants-Appellees. No. 93-35753. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 29, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Gys Jansen Van Beek appeals pro se the district court's Fed.R.Civ.P. 12(b)(1) dismissal of his action alleging that the United States and the Small Business Administration (SBA) engaged in tortious conduct regarding the origination and servicing of an SBA disaster loan to a third party. Van Beek contends that the district court erred by concluding that it lacked subject matter jurisdiction because he failed to exhaust his administrative remedies. We review de novo, Mundy v. United States, 983 F.2d 950, 952 (9th Cir.1993), and we affirm. 3 Here, the pertinent facts are undisputed. Van Beek filed this action…