Byler

MEMORANDUM **

Gary Byler appeals pro se from the district court’s judgment dismissing his action alleging Arizona state statutes restricting property development in areas surrounding a military base effected an unconstitutional taking, and violated his due process and equal protection rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissals for failure to state a claim or on ripeness grounds. Ventura Mobilehome Communities Owners Ass’n v. City of San Buenaventura, 371 F.3d 1046, 1050 (9th Cir.2004). We affirm.

The district court properly concluded Byler’s Fifth Amendment takings claim was not ripe for adjudication, because Byler failed to allege that he obtained a final decision from the government authority implementing the regulations, or that he pursued compensation through state remedies. See id. at 1052-53 . Accordingly, this claim was properly dismissed for lack of subject matter jurisdiction. See id. at 1054 . Moreover, the district court properly dismissed Byler’s due process claim because the “alleged violation is addressed by the explicit textual provisions of the Fifth Amendment Takings Clause.” See *520 id. (internal quotations and citations…