Denny

Denny v. Whitlock

Good Law
84 F. App'x 948
United States Court of Appeals for the Ninth CircuitDecember 29, 2003No. 02-56430; D.C. No. CV-00-00572-NAJ(AJB)California384 words

Opinion

Lead Opinion

MEMORANDUM **

Linda Denny appeals pro se the district court’s dismissal of her action against the United States Department of Agriculture, the Farm Services Agency (“FSA”), and various individuals. The defendants moved to dismiss on the basis of Denny’s lack of standing and that the district court did not have subject matter jurisdiction. The defendants, in a reply memorandum to the district court, argued that Denny was judicially estopped from pursuing her claims in the future. The district court determined that Denny did not have standing and that she was judicially estopped from pursuing her claims, dismissing Denny’s claims with prejudice. We have jurisdiction pursuant to 28 U.S.C. § 1291 . The decision of the district court may be affirmed on any ground finding support in the record. Oscar v. University Students Co-op. Ass’n., 965 F.2d 783, 785 (9th Cir. 1992). We affirm the judgment of the district court on the basis that the district court did not have subject matter jurisdiction.

Denny’s complaint consists of claims for breach of contract against the United States, and claims for torts committed by employees of the United States Department of Agriculture. The district…

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