Barrett Bailey v. Department of Veterans Affairs

33 F.3d 58 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Barrett BAILEY, Plaintiff-Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellee. No. 94-55092. United States Court of Appeals, Ninth Circuit. Aug. 10, 1994. Before: WALLACE, HUG, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Barrett Bailey, appeals pro se, the district court's (1) dismissal for lack of subject matter jurisdiction of his action against the Department of Veterans Affairs ("VA"), and (2) denial of his motion to amend the judgment pursuant to Fed.R.Civ.P. 59(e). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 We review de novo a 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). We review for abuse of discretion the district court's denial of a Rule 59(e) motion. Swimmer, 811 F.2d at 1345. 4 The United States as a sovereign may not be…