Genevier v. United States , 357 F. App'x 847 ( 2009 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT DEC 08 2009
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
PIERRE GENEVIER, No. 08-55236
Plaintiff - Appellant, D.C. No. CV-07-05548-AG
v.
MEMORANDUM *
UNITED STATES OF AMERICA,
substituted for State of California
Department of Social Services; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Andrew J. Guilford, District Judge, Presiding
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Pierre Genevier appeals pro se from the district court’s order dismissing his
Federal Tort Claims Act (“FTCA”) action. We have jurisdiction pursuant to 28
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
tk/Research
U.S.C. § 1291. We review de novo dismissal for lack of subject matter
jurisdiction. Brady v. United States, 211 F.3d 499, 502 (9th Cir. 2000). We
affirm.
The district court properly concluded that Genevier’s action was not
cognizable under the FTCA because, in response to the defendants’ motion to
dismiss, Genevier did not allege any theory of liability under which the defendants
would be liable as private individuals. See United States v. Olson, 546 U.S. 43, 45-
46 (2005) (holding that the FTCA does not apply to actions based on a state law
that “imposes liability on municipal or other local governments for the negligence
of their agents”); see also Keenan v. Allan, 91 F.3d 1275, 1279 (9th Cir. 1996)
(stating that the court is not obligated to scour the record in search of potential
arguments).
Genevier’s remaining contentions are unpersuasive.
All pending motions are denied as moot.
AFFIRMED.
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