No. 04-15616

434 F.3d 1185 James MARKHAM, and as to the third claim, on behalf of others similarly situated, Plaintiff-Appellant, v. UNITED STATES of America; Elaine Chao, as Secretary of Labor; U.S. Department of Labor; Jane Doe; John Doe, 2-10; Doe Partnerships 1-10; Doe Entities 1-10; Melanie Galen; Two Unknown OWCP Claims Examiners; Two Unknown OWCP Nurses, Defendants-Appellees. No. 04-15616. United States Court of Appeals, Ninth Circuit. Submitted November 22, 2005. * Filed January 17, 2006. Stephen M. Shaw, Honolulu, HI, for the appellant. Edward H. Kubo, Jr., United States Attorney, and Thomas A. Helper, Assistant United States Attorney, United States Department of Justice, District of Hawaii, Honolulu, HI, for the appellees. Appeal from the United States District Court for the District of Hawaii; Susan Oki Mollway, District Judge, Presiding. D.C. No. CV-03-00257-SOM. Before: MICHAEL DALY HAWKINS, McKEOWN, and CLIFTON, Circuit Judges. McKEOWN, Circuit Judge: 1 In this appeal we consider whether the district court lacked subject matter jurisdiction over James Markham's complaint alleging constitutional violations in the handling of his injury claim by the Office of Workers' Compensation…