Beazley

*336 MEMORANDUM **

Jenelle D’anne Beazley (“Jenelle”), by and through Dwight Theodore Beazley (“Beazley”), her father and guardian ad litem (collectively “the Beazleys”), appeal the district court’s dismissal of their complaint, which alleged that the defendants deprived Jenelle of her liberty and property rights without due process or equal protection of the laws and violated her rights under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et. seq. On appeal, the Beazleys argue that: 1) their notice of appeal was timely because the sixty-day filing period applied; and 2) the district court erred by dismissing their complaint. We agree with their first argument, but reject the second.

I. Appellate Jurisdiction

The sixty-day filing period of Fed. R.App. P. 4(a) applies whenever the plaintiffs allegations arise out of government activity and a defendant officer of the United States: was acting under color of office; or was acting under color of law or lawful authority; or is represented by a government attorney. Wallace v. Chappell, 637 F.2d 1345, 1348 (9th Cir.1981) (en banc) (per curiam). The Beazleys’ allegations against Defendant-appellee Sharon Fujii arose out of…