James T. Cosgrave v. State of California

47 F.3d 1175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James T. COSGRAVE, Plaintiff-Appellant, v. STATE OF CALIFORNIA, Defendant-Appellee. No. 93-55953. United States Court of Appeals, Ninth Circuit. Submitted Jan. 18, 1995. * Decided Feb. 16, 1995. Before: CHOY, SNEED, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 James Cosgrave appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. Sec. 1983 action for lack of subject-matter jurisdiction. We affirm. 3 In 1989, Cosgrave filed a workers' compensation claim with the California Workers' Compensation Board. An administrative law judge ("ALJ") conducted a bench trial and determined that Cosgrave's injury did not arise out of or occur during the course or scope of his employment. Cosgrave appealed the decision to the Workers' Compensation Appeals Board, the California Court of Appeals, and the California Supreme Court. The ALJ's finding was upheld in each appeal. 4 In 1993, Cosgrave filed a 42 U.S.C.…