Louis Thomas Paul v. Army & Air Force Exchange Service

92 F.3d 1193 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Louis Thomas PAUL, Plaintiff-Appellant, v. ARMY & AIR FORCE EXCHANGE SERVICE, Defendant-Appellee. No. 95-16800. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1996. * Decided Aug. 5, 1996. Before: HUG, Chief Judge, SCHROEDER and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 Louis Thomas Paul appeals pro se the district court's Fed.R.Civ.P. 12(b)(1) dismissal for lack of subject matter jurisdiction of his action for damages against the Army and Air Force Exchange Service ("AAFES") for failure to provide him with certain retirement benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 Paul contends that the district court erred by dismissing his action for lack of subject matter jurisdiction because he has identified a statutory waiver of sovereign immunity. This contention lacks merit. 4 We review de novo a district court's dismissal for lack of subject matter…