Keyter

Keyter v. MCcain

Good Law
207 F. App'x 801
United States Court of Appeals for the Ninth CircuitNovember 15, 2006No. 06-15253California377 words

Opinion

Lead Opinion

MEMORANDUM **

Anthony P. Keyter appeals pro se from the district court’s judgment dismissing his action alleging that Senator John McCain and thirty other government defendants conspired to commit 1.6 million crimes against him. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Rivera v. United States, 924 F.2d 948, 950 (9th Cir.1991), and we affirm.

The district court properly dismissed Keyter’s common law tort claims because the Federal Tort Claims Act (“FTCA”) is the exclusive remedy for claims against employees of the United States for injuries arising from their negligent or wrongful acts or omissions while acting within the scope of their office or employment. See 28 U.S.C. §§ 2674 , 2679(b)(1); F.D.I.C. v. Craft, 157 F.3d 697, 706 (9th Cir.1998) (“The FTCA is the ex- *802 elusive remedy for tortious conduct by the United States, and it only allows claims against the United States”). Because Keyter neither sued the United States nor alleged that he exhausted his administrative remedies, his tort claims against defendants were properly dismissed for failure to comply with the FTC A. See id. at 706 . Contrary to Keyter’s claim that he has sued defendants in…

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