Larkin

MEMORANDUM **

This is an appeal of the district court’s dismissal of appellant’s civil action for failure to state a claim upon which relief can be granted.

The motion to proceed in forma pauperis is granted.

Appellant Mark Larkin filed a claim under the Federal Tort Claims Act (“FTCA”) against the United States and separate claims based on Bivens against four individual defendants based on allegations that his complaints and grievances went unheeded after he lost personal items while in the Special Housing Unit and when he was transferred from the United States Penitentiary at Victorville. Defendants filed a motion to dismiss the complaint in the district court which was unopposed by Larkin. The district court granted the motion to dismiss for failure to state a claim upon which relief can be granted.

A review of the record and appellant’s opening brief indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard).

We review whether the United States is immune from liability under the FTCA de novo. See Alfrey v. United States, 276 F.3d…