Aranda
Aranda v. Department of Social & Health Services
Opinion
Lead Opinion
MEMORANDUM **
Roque Aranda, a pro se prisoner, appeals the sua sponte dismissal of his action alleging claims under the Federal Torts Claim Act, (“FTCA”), 28 U.S.C. §§ 1346 (b)(1), 2671-2680; the Alien Tort Claims Act (“ATCA”), 28 U.S.C. § 1350 ; 42 U.S.C. §§ 1983 and 1985(3); and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
The district court’s decision to dismiss under 28 U.S.C. § 1915 (e) is reviewed de novo. Barren v. Harrington, 152 F.3d 1193, 1195 (9th Cir.1998). We may affirm for any reason supported by the record. Tanaka v. Univ. of S. Cal., 252 F.3d 1059, 1062 (9th Cir.2001).
I
There was no procedural error in the district court’s adoption of the magistrate judge’s dismissal recommendation. Aranda’s claim that he was “surprised” by the dismissal is untenable given that the district court dismissed the action ten months after Aranda was given 30 days to *206 file his objections; seven months after Aranda was given an extra 30 days extension; and three months after Aranda’s premature appeal was dismissed. Moreover, Aranda suffered no…