Klimas

Klimas v. Department of Treasury

Good Law
122 F. App'x 355
United States Court of Appeals for the Ninth CircuitFebruary 11, 2005No. 03-56878California618 words

Opinion

Lead Opinion

MEMORANDUM **

Elizabeth J. Klimas appeals pro se the district court’s judgment dismissing for lack of subject matter jurisdiction her action against the Department of the Treasury, Internal Revenue Service, Immigration and Naturalization Service, and the Department of Justice brought under 42 U.S.C. §§ 1983 and 1985. Klimas alleged that defendants violated her constitutional and civil rights, deprived her of equal protection, illegally assessed and collected taxes, and committed various torts against her.

We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for lack of subject matter jurisdiction, Hughes v. United States, 953 F.2d 531, 535 (9th Cir.1992), and for failure to establish a waiver of sovereign immunity, Fidelity and Deposit Co. of Maryland v. City of Adelanto, 87 F.3d 334, 336 (9th Cir.1996). We affirm the district court.

The district court properly found that the United States has not waived its sovereign immunity under any statute. See Cato v. United States, 70 F.3d 1103, 1107 (9th Cir.1995). Further, Klimas has not shown state action under 42 U.S.C. § 1983 or a conspiracy under 42 U.S.C. § 1985 . See Gillespie v. Civiletti,…

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