Donald O'HallOran v. United States

45 F.3d 436 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald O'HALLORAN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-15762. United States Court of Appeals, Ninth Circuit. Submitted Dec. 13, 1994. * Decided Dec. 16, 1994. Before: WALLACE, Chief Judge, PREGERSON and BEEZER, Circuit Judges. MEMORANDUM 1 O'Halloran appeals from the district court's order dismissing his action for lack of subject matter jurisdiction. We affirm. 2 The Suits in Admiralty Act provides that "[t]he libellant shall forthwith serve a copy of his libel on the United States Attorney." 46 U.S.C. Sec. 742 . This provision requires personal service on the appropriate United States Attorney, and is a prerequisite to the government's waiver of sovereign immunity, the failure of which deprives the district court of subject matter jurisdiction. Amella v. United States, 732 F.2d 711, 713-14 (9th Cir.1984). 3 O'Halloran did not effect personal service on the United States…