Stone Fan v. United States

MEMORANDUM

Stone Dong Fan appeals pro se from the district court’s judgement dismissing for lack of subject matter jurisdiction his Federal Torts Claims Act (“FTCA”) action arising from his 1983 criminal conviction in China. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for lack of subject matter jurisdiction, Valdez v. United States, 56 F.3d 1177, 1179 (9th Cir.1995), and we affirm.

The district court lacked subject matter jurisdiction over Fan’s claims for negligence and fraud because Fan failed to exhaust his administrative remedies as required by the FTCA. See 28 U.S.C. § 2675 (a); 28 C.F.R. § 14.2 (a) (requiring written notification of the incident accompanied by a claim for money damages in a sum certain as a prerequisite for suit under the FTCA); see also Johnson v. United States, 704 F.2d 1431, 1442 (9th Cir. 1983) (“Exhaustion of the claims procedures established under the Act is a prerequisite to district court jurisdiction.”).

The district court properly dismissed Fan’s due process claims related to his 1983 conviction on the ground that the claims are barred by the general six-year statute of limitations applicable to claims against the…