Geiger

MEMORANDUM **

Plaintiff Master Sergeant Delton Earl Geiger, Jr., and his wife, Lisa Marie Geiger, sued the United States, alleging negligence in connection with an automobile accident. The district court dismissed the husband’s claim, pursuant to Federal Rule of Civil Procedure 12(b)(1), for lack of jurisdiction. After his wife’s claim settled, Plaintiff Delton Geiger appealed. On de novo review, Costo v. United States, 248 F.3d 863, 865-66 (9th Cir.2001), we affirm.

Under the principles established in Feres v. United States, 340 U.S. 135, 146 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950), a person may not sue the government for injuries incident to service in the military. In considering whether the Feres doctrine applies, we examine the totality of the circumstances and consider several factors: the place where the negligent act occurred, the duty status of the plaintiff at the time, the benefits accruing to the plaintiff from his military status, and the nature of the plaintiffs activities at the time of the negligent act. McConnell v. United States, 478 F.3d 1092, 1095 (9th Cir.2007).

Here, first, the collision occurred off the base, but on an access road leading only to Fort Irwin.…