James P. Parker v. United States

83 F.3d 428 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 P. PARKER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 94-17096. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 26, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 James P. Parker appeals pro se the district court's Fed.R.Civ.P. 12(b)(6) dismissal of his action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346 (b) & 2671-80, for failure to state a claim. Parker also appeals the district court's decisions to (1) strike an eighty-one page addendum to his amended complaint; and (2) deny his motion for summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. I. 3 Parker contends that the district court erred by dismissing his complaint for failure to state a claim. We have reviewed this determination de novo, see Love v. United States, 915 F.2d 1242, 1245…