Bobby Dean Franklin v. United States

46 F.3d 1141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bobby Dean FRANKLIN, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. No. 94-16179. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Jan. 10, 1995. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Bobby Dean Franklin appeals pro se the district court's dismissal for lack of subject matter jurisdiction of his action to acquire title to desert land in the form of a patent pursuant to 43 U.S.C. Sec. 1165 . Franklin also appeals the district court's denial of his motion to vacate the judgment. He contends that the district court erred by ruling that it lacked jurisdiction because Franklin failed to exhaust administrative remedies. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review de novo the district court's determination that it lacked jurisdiction, Carpenter v. Department of Transp., 13 F.3d 313 , 314 (9th Cir.1994), and we affirm. 3…