Root

Root v. United States

Good Law
67 F. App'x 451
United States Court of Appeals for the Ninth CircuitJune 13, 2003D.C. Nos. 02-56301, CV-02-02130-RJTCalifornia443 words

Opinion

Lead Opinion

MEMORANDUM **

Arthur Root, a federal prisoner, appeals pro se the judgment dismissing his action pursuant to Bivens and the Federal Tort Claims Act against officials at two California jails, three federal prisons, and a private prison. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal on statute of limitations grounds, Santa Maria v. Pacific Bell, 202 F.3d 1170, 1175 (9th Cir.2000), and a dismissal for failure to exhaust administrative remedies under the Federal Tort Claims Act, Meridian Int’l Logistics, Inc. v. United States, 939 F.2d 740, 742 (9th Cir.1991). We review for abuse of discretion a dismissal due to improper venue. King v. Russell, 963 F.2d 1301, 1304 (9th Cir.1992) (per curiam). We affirm.

The district court properly dismissed Root’s claims against the Wackenhut Corrections Corporation and the FTC Oklahoma City, FCI Sheridan and FCI Taft facilities because a Bivens cause of action is not available against private entities, see Correctional Services Corp. v. Malesko, 534 U.S. 61, 71-72 , 122 S.Ct. 515 , 151 L.Ed.2d 456 (2001), or federal agencies, see FDIC v. Meyer, 510 U.S. 471, 486 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994).

The district…

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