Efren George Becerra v. United States

67 F.3d 305 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Efren George BECERRA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 95-55013. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1995. * Decided Sept. 29, 1995. Before: BROWNING, GOODWIN, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Efren George Becerra appeals pro se the district court's summary judgment in favor of the United States in his action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. Sec. 2671 et seq., alleging that the Veterans Administration ("VA") improperly denied him certain VA benefits and that he was the victim of medical malpractice in connection with his May 1992 surgery to repair a rectal prolapse. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 Becerra contends that the district court erred by dismissing his claim for VA benefits for lack of subject matter jurisdiction because he did not exhaust his…