Norris
Norris v. United States Department of Labor
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…