Toppo

MEMORANDUM **

Plaintiff Frank Toppo (“Toppo”), a physician employed by the Department of Veteran Affairs (“VA”), brought suit against the United States and three of his supervisors, Ron Norby, James Snyder, and Anthony Salem (collectively “Defendants”). Defendants filed a motion to dismiss for failure to state a claim, improper service, and lack of subject matter jurisdiction. The district court granted the motion to dismiss, and denied Toppo leave to amend his complaint. Toppo now appeals, contending that the district court erred in granting the motion to dismiss, and in denying him leave to amend his complaint. We have jurisdiction under 28 U.S.C. § 1291 . We review a district court’s determination of subject matter jurisdiction de novo. Nurse v. United, States, 226 F.3d 996, 1000 (9th Cir.2000). We also review a dismissal with prejudice and without leave to amend de novo. Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir.2003). We affirm.

Toppo’s amended complaint and proposed second amended complaint alleged causes of action based on the First Amendment, the constitutional right to privacy, the Privacy Act of 1974, the Health Insurance Portability and…