Oberdorfer

*244 MEMORANDUM *

Autotel has no right of action against the individual defendants under Bivens because the Administrative Procedure Act provides an adequate alternative remedy for its claims. See W. Radio Servs. v. U.S. Forest Serv. 578 F.3d 1116 (9th Cir.2009).

Because Autotel appealed the BLM’s denial of Autotel’s application for a right-of-way to construct a new tower on Frenchman Mountain to the Interior Board of Land Appeals (IBLA), the administrative action challenged in Autotel’s complaint was not a final action. 5 U.S.C. § 704 ; accord Puget Sound Energy, Inc. v. United States, 310 F.3d 613, 625 (9th Cir.2002) (“[I]f an initial agency action may be modified or reversed during administrative reconsideration or review it is rendered non-final while such review is pending.”). “We may affirm the district court on any basis supported by the record.” See Vaught v. Scottsdale Healthcare Corp. Health Plan, 546 F.3d 620, 633 (9th Cir.2008). We therefore conclude that the district court properly dismissed Autotel’s challenge to this agency action.

The BLM’s denial of Autotel’s application for a right-of-way to move its existing tower or construct a new “auxiliary” tower on…