Azizi Ansari v. United States of America;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AZIZI ANSARI,
Plaintiff-Appellant,
v.
UNITED STATES OF AMERICA; et al.,
Defendants-Appellees.
No. 20-16926
D.C. No. 4:19-cv-00502-RM-PSOT
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Rosemary Márquez, District Judge, Presiding
Submitted September 14, 2021**
Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.
Azizi Ansari appeals pro se from the district court’s judgment dismissing his
action alleging claims under the Federal Tort Claims Act (“FTCA”). We have
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the basis
of lack of jurisdiction due to a failure to exhaust. Brady v. United States, 211 F.3d
* 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).
FILED
SEP 22 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-16926
499, 502 (9th Cir. 2000). We affirm.
The district court properly dismissed Ansari’s FTCA claim for lack of
subject matter jurisdiction because Ansari failed to exhaust his administrative
remedies prior to bringing suit. See 28 U.S.C. § 2675(a) (setting forth FTCA’s
administrative exhaustion requirement); Brady, 211 F.3d at 502-03 (federal courts
lack jurisdiction to adjudicate an FTCA claim unless the claimant has first
exhausted administrative remedies).
AFFIRMED.

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