Norris

Norris v. United States Department of Labor

Good Law
25 F. App'x 673
United States Court of Appeals for the Ninth CircuitJanuary 25, 2002No. 01-35485. D.C. No. CV-00-02179-BJRCalifornia308 words

Opinion

Lead Opinion

MEMORANDUM **

James Edward Norris appeals pro se the district court’s dismissal of his action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (“FTCA”) alleging that he was wrongfully denied disability benefits under the Federal Employees Compensation Act, 5 U.S.C. §§ 8101-8193 (“FECA”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . After de novo review, see Brady v. United States, 211 F.3d 499, 502 (9th Cir.), cert. denied, 531 U.S. 1037 , 121 S.Ct. 627 , 148 L.Ed.2d 536 (2000), we affirm.

*674 Noras, a former safety inspector with the Federal Aviation Administration, received notice and a hearing in connection with his claim for FECA disability benefits and has failed to allege facts giving rise to a colorable claim for the denial of procedural due process. Cf. Raditch v. United States, 929 F.2d 478, 480 (9th Cir.1991) (due process is satisfied by notice and an opportunity to respond and the gathering of relevant medical evidence before FECA disability benefits are changed or terminated). To the extent Norris is challenging the denial of his FECA disability benefits, review is precluded by 5 U.S.C. § 8128 (b). See Rodrigues v. Donovan, 769 F.2d 1344, 1347 (9th…

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