Juan A. Contreras v. United States

89 F.3d 844 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Juan A. CONTRERAS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 95-55601. United States Court of Appeals, Ninth Circuit. Submitted April 30, 1996. * Decided May 3, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Juan Contreras appeals the district court's dismissal of his complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Contreras filed this action against the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346 (b) and 2671-2680 (1989), for injuries suffered when Contreras was struck by a vehicle after Border Patrol agents confiscated his vehicle and allegedly forced him to walk to the nearest town. We review de novo the dismissal of a complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989),…