Clifford Sasselli v. Tricia Christofferson

373 F. App'x 737

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 6, 2010
• Docket: 08-17105
• Status: Unpublished

Opinion

MEMORANDUM **

Clifford L. Sasselli appeals pro se from the district court’s judgment dismissing his action alleging claims under the Federal Tort Claims Act (“FTCA”) and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005); Coyle v. P.T. Garuda Indon., 363 F.3d 979, 984 n. 7 (9th Cir.2004). We affirm.

The district court properly dismissed Sasselli’s FTCA claim for lack of subject matter jurisdiction because Sasselli failed to file an administrative claim before filing this action in the district court. See 28 U.S.C. §§ 2401(b), 2675(a); Marley v. United States, 567 F.3d 1030, 1034-37 (9th Cir.2009), cert. denied, -U.S.-, 130 S.Ct. 796, — L.Ed.2d-(2009).

The district court properly dismissed Sasselli’s Bivens claim for failure to state a claim because Sasselli filed his claim after the applicable two-year statute of limitations expired. See W. Ctr. for Journalism v. Cederquist, 235 F.3d 1153, 1156 (9th Cir.2000) (per curiam) (explaining that the forum state’s personal injury statute of limitation applies in Bivens actions); Cal.Civ.Proc.Code § 335.1.

Sasselli did not object to the magistrate judge’s order staying discovery and thus forfeited his right to challenge that order on appeal. See Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174 (9th Cir.1996) (concluding that a party who fails to timely object to a magistrate judge’s nondisposi-tive order forfeits the right to challenge that order on appeal).

Sasselli’s remaining contentions are unpersuasive.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.