Paul Ortiz v. Department of Veterans Affairs

24 F.3d 248 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul ORTIZ, Plaintiff-Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellee. No. 93-16397. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 13, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Paul Ortiz appeals pro se the district court's dismissal for lack of jurisdiction of his action alleging that the U.S. Department of Veterans Affairs' ("VA") decision to reduce his disability rating and corresponding benefits was racially motivated. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review de novo the district court's dismissal for lack of subject matter jurisdiction. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 496 U.S. 937 (1990). 4 The United States as a sovereign may not be sued without its consent. United States v. Testan, 424 U.S. 392, 399 (1976). Any…