Opinion
No. 18-15300
10-26-2018
ROMULO ANTONIO PORTILLO, Plaintiff-Appellant, v. UNITED STATES OF AMERICA, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 2:17-cv-00394-JAD-CWH MEMORANDUM Appeal from the United States District Court for the District of Nevada
Jennifer A. Dorsey, District Judge, Presiding Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Romulo Antonio Portillo, a former federal prisoner, appeals pro se from the district court's judgment dismissing for lack of subject matter jurisdiction his Federal Tort Claims Act ("FTCA") action arising from an allegedly negligent miscalculation of Portillo's sentence. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Snow-Erlin v. United States, 470 F.3d 804, 807 (9th Cir. 2006). We affirm.
The district court properly dismissed Portillo's action for lack of subject matter jurisdiction because the FTCA bars claims against the United States arising out of false imprisonment. See 28 U.S.C. § 2680(h) (FTCA waiver does not apply to any claim arising out false imprisonment); Snow-Erlin, 470 F.3d at 808-09 ("If the gravamen of [p]laintiff's complaint is a claim for an excluded tort under § 2680(h), then the claim is barred. . . . Plaintiff cannot sidestep the FTCA's exclusion of false imprisonment claims by suing for the damage of false imprisonment under the label of negligence.").
Because we conclude the district court lacked jurisdiction, we do not consider Portillo's contentions regarding the merits of his claims.
AFFIRMED.