Dora

MEMORANDUM ***

Cornelius and Barbara Dora appeal from the district court’s order granting *551 summary judgment to the Government. The district court concluded that allegedly defamatory statements made by Michael Achey were within the course and scope of his employment for the United States. Because the government has not waived its sovereign immunity under the Federal Tort Claims Act (“FTCA”) for claims arising out of libel or slander, the district court determined that it lacked subject matter jurisdiction over the claim. We affirm.

This court reviews a grant of summary judgment de novo. Jones v. Union Pac. R.R. Co., 968 F.2d 937, 940 (9th Cir.1992). Summary judgment is properly granted when “there is no genuine issue as to any material fact and ... the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250-51, 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Celotex Corp. v. Catrett, All U.S. 317, 322-23, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). Whether a federal employee is acting within the scope of his employment for purposes of the FTCA is determined by “apply[ing] the respondeat superior principles of the state in…