Lance McDermott v. John Potter , 408 F. App'x 51 ( 2011 )

FILED
NOT FOR PUBLICATION JAN 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LANCE McDERMOTT, No. 09-35999
Plaintiff - Appellant, D.C. No. 2:09-cv-00776-RSL
v.
MEMORANDUM **
PATRICK R. DONAHUE, Postmaster
General United States Postal Service; et
al.,*
Defendants - Appellees.
Appeal from the United States District Court
for the Western District of Washington
Robert S. Lasnik, Chief District Judge, Presiding
Submitted December 14, 2010 ***
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
*
Patrick R. Donahue is substituted for his predecessor, John Potter, as
Postmaster General, under Fed. R. App. P. 43(c)(2).
**
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Lance McDermott appeals pro se from the district court’s judgment
dismissing his action concerning the closure of a postal facility, for lack of
jurisdiction and failure to state a claim. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo. Rhoades v. Avon Prods., Inc., 504 F.3d 1151, 1156
(9th Cir. 2007). We affirm.
The district court properly dismissed McDermott’s claims under the
Freedom of Information Act (“FOIA”) for lack of subject matter jurisdiction. See
United States v. Steele (In re Steele), 799 F.2d 461, 465-66 (9th Cir. 1986) (failure
to exhaust administrative remedies required under FOIA before seeking judicial
review deprives district court of jurisdiction).
The district court properly dismissed McDermott’s remaining claims for lack
of standing because the injuries he alleged were merely “conjectural” and
“hypothetical.” City of Los Angeles v. Lyons, 461 U.S. 95, 102 (1983).
McDermott’s remaining contentions are unpersuasive.
AFFIRMED.
2 09-35999