Hernandez

MEMORANDUM **

Ruben T. Hernandez appeals the district court’s judgment dismissing his action against the United States seeking money damages pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346 (b), 2671 et seq. The district court determined that Hernandez’s claim that government officials were negligent in failing to protect him from assault while housed in a federal detention center was barred by discretionary function exception to the FTCA, 28 U.S.C. § 2680 (a). We *207 have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

We review de novo the dismissal of an FTCA action for lack of subject matter jurisdiction. Bibeau v. Pac. Northwest Research Found., Inc., 339 F.3d 942 (9th Cir.2003). Hernandez argues that the United States Marshals Service (“USMS”) acted negligently in overseeing security in the Metropolitan Detention Center in Los Angeles, California while he was awaiting trial as a codefendant in United States v. Alex Aguirre, et al., Case No. CR 95-345 RSWL. He maintains that the USMS failed to take proper measures to protect his life, including but not limited to the failure to place him in a separate cell, the failure to…