Charles M. Byers v. United States of America Bill O'neill, Special Agent, U.S. Customs Service Jeff Davis United States Customs Service

69 F.3d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles M. BYERS, Plaintiff-Appellant, v. UNITED STATES of America, et al.; Bill O'Neill, Special Agent, U.S. Customs Service; Jeff Davis; United States Customs Service, Defendants-Appellees. No. 94-15589. United States Court of Appeals, Ninth Circuit. Submitted Oct. 20, 1995. * Decided Oct. 30, 1995. Before: SNEED, PREGERSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Charles Byers appeals the district court's grant of summary judgment to defendant William O'Neill and also appeals the district court's dismissal of his other claims against all other defendants. The district court found that O'Neill was entitled to qualified immunity for his actions as a United States Customs Agent and that it lacked subject matter jurisdiction of the other claims. We affirm. 3 1. The district court properly dismissed Byers' claims against the United States because he never presented his claims to the appropriate agency. See…