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holding that "documents publicly filed in [another case] are the proper subjects of judicial notice"
Summary of this case from Romero v. HP, Inc.Opinion
No. 09-15028.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed June 7, 2010.
John Eric Stringer, Esquire, Law Office of John E. Stringer, San Francisco, CA, for Plaintiff-Appellant.
Abraham Aaron Simmons, Assistant U.S., Office of the U.S. Attorney, San Francisco, CA, for Defendant-Appellee.
Appeal from the United States District Court for the Northern District of California, William H. Alsup, District Judge, Presiding. D.C. No. 3:08-cv-02472-WHA.
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Anthony Chrisanthis appeals from the district court's judgment dismissing his action alleging that defendants retaliated against him for reporting unsafe workplace conditions in violation of the Federal Tort Claims Act ("FTCA") and other laws. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Mangano v. United States, 529 F.3d 1243, 1245 n. 2 (9th Cir. 2008), and we affirm.
The district court properly dismissed Chrisanthis's FTCA claims because defendants' alleged retaliatory conduct fell within the scope of the Civil Service Reform Act's prohibited personnel practices, and thus his claims were preempted. See id. at 1246.
We do not consider issues that were not raised in Chrisanthis's opening brief. See Friends of Yosemite Valley v. Kempthorne, 520 F.3d 1024, 1033 (9th Cir. 2008) (arguments not raised by a party in the opening brief are deemed abandoned).
Chrisanthis's contention regarding the U.S. Attorney's Office's representation of defendants Cason and Spivey is unpersuasive.