Dave Erlanson, Sr. v. Usepa

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 30, 2024
• Docket: 22-35894
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 30 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

DAVE WAYNE ERLANSON, Sr., No. 22-35894

Plaintiff-Appellant, D.C. No. 4:22-cv-00091-DCN

v. MEMORANDUM* U.S. ENVIRONMENTAL PROTECTION AGENCY,

Defendant-Appellee.

Appeal from the United States District Court for the District of Idaho David C. Nye, District Judge, Presiding

Submitted April 22, 2024**

Before: CALLAHAN, LEE, and FORREST, Circuit Judges.

Dave Wayne Erlanson, Sr., appeals pro se from the district court’s judgment

dismissing for lack of subject matter jurisdiction his 42 U.S.C. § 1983 action

against the United States Environmental Protection Agency. We review de novo,

Prather v. AT&T, Inc., 847 F.3d 1097, 1102 (9th Cir. 2017), and we affirm.

* 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). The district court properly dismissed Erlanson’s action for lack of subject

matter jurisdiction because Erlanson failed to establish that the United States

waived its sovereign immunity. See Jachetta v. United States, 653 F.3d 898, 908

(9th Cir. 2011) (explaining that 42 U.S.C. § 1983 does not waive sovereign

immunity for United States agencies).

AFFIRMED.

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