Connie Anderson v. USA, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12023
Non-Argument Calendar
____________________
CONNIE ANDERSON,
Plaintiff-Appellant,
versus
UNITED STATES OF AMERICA,
FEDERAL BUREAU OF INVESTIGATION,
TWANDA ROBINSON,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Northern District of Alabama
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2 Opinion of the Court 23-12023
D.C. Docket No. 1:23-cv-00538-RDP
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Before R OSENBAUM , GRANT, and B LACK , Circuit Judges.
PER CURIAM:
Connie Anderson appeals the district court’s dismissal of her
pro se1 civil complaint alleging violations of the Federal Tort Claims
Act (FTCA), the Administrative Procedures Act (APA), and the
Equal Protection Clause brought against the United States, the Fed-
eral Bureau of Investigation (FBI), and one individual, Twanda
Robinson. Anderson asserts the district court erroneously dis-
missed her complaint because Robinson stalked her and the FBI
declined to help her. After review,2 we affirm.
I. FTCA
The FTCA does not create a substantive cause of action
against the United States, but rather provides a mechanism by
1 Pro se pleadings will be liberally construed. Campbell v. Air Jam. Ltd., 760 F.3d
1165, 1168 (11th Cir. 2014). Nevertheless, pro se litigants are required to com-
ply with applicable procedural rules. Albra v. Advan, Inc., 490 F.3d 826, 829
(11th Cir. 2007). Further, the leniency afforded pro se litigants with liberal con-
struction does not give the courts license to serve as de facto counsel or permit
them to rewrite an otherwise deficient pleading in order to sustain an action.
Campbell, 760 F.3d at 1168-69.
2 We review de novo a district court’s dismissal of a claim under Federal Rule
of Civil Procedure 12(b)(6), accepting the allegations in the complaint as true
and construing them in the light most favorable to the plaintiff. Am. United
Life Ins. Co. v. Martinez, 480 F.3d 1043, 1056-57 (11th Cir. 2007).
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23-12023 Opinion of the Court 3
which a plaintiff may bring a state law tort action against the federal
government in federal court. See Stone v. United States, 373 F.3d
1129, 1130 (11th Cir. 2004). Under the FTCA, the United States is
subject to liability in a tort action in the same manner, and to the
same extent, that a private individual would be under the law of
the place where the tort occurred. See 28 U.S.C. § 1346(b)(1). Im-
portantly, “unless the facts support liability under state law, the dis-
trict court lacks subject matter jurisdiction to decide an FTCA
claim.” Ochran v. United States, 273 F.3d 1315, 1317 (11th Cir. 2001).
Thus, claims involving federal law, such as federal tort
claims, are not within the scope of the FTCA. McCollum v. Bolger,
794 F.2d 602, 608 (11th Cir. 1986). Moreover, the FTCA authorizes
suits against the United States, not its agencies. See 28 U.S.C.
§ 2679(a); F.D.I.C. v. Meyer, 510 U.S. 471, 476 (1994).
The district court did not err in dismissing Anderson’s claims
against the United States and the FBI. With respect to Anderson’s
claims under the FTCA, this statute does not allow her to sue a
federal agency or assert a claim premised on federal law. See Meyer,
510 U.S. at 476; McCollum, 794 F.2d at 608. Because she named the
FBI, a federal agency, in the instant suit, her claim against the FBI
is improper. See Meyer, 510 U.S. at 476. Her claim against the
United States also fails, as she did not cite any Alabama tort law in
her amended complaint and the FTCA merely provides a mecha-
nism by which a plaintiff may bring a state law tort action. See
Stone, 373 F.3d at 1130. Accordingly, the district court did not err
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4 Opinion of the Court 23-12023
in dismissing Anderson’s FTCA claims against the FBI and the
United States.
II. APA
The APA generally authorizes judicial review of a final
agency action. 5 U.S.C. § 702; Perez v. U.S. Bureau of Citizenship &
Immigr. Servs., 774 F.3d 960, 965 (11th Cir. 2014). The APA waives
sovereign immunity “in actions against federal government agen-
cies seeking nonmonetary relief if the agency conduct is itself sub-
ject to judicial review.” Panola Land Buyers Ass’n v. Shuman, 762
F.2d 1550, 1555 (11th Cir. 1985); see 5 U.S.C. § 702.
Anderson’s claims under the APA similarly fail, as this stat-
ute does not create a cause of action but, instead, authorizes judi-
cial review of a final agency decision. See 5 U.S.C. § 702; Perez, 774
F.3d at 965.
III. 18 U.S.C. § 1030
18 U.S.C. § 1030 addresses “[f]raud and related activity in
connection with computers” and provides a civil cause of action for
“[a]ny person who suffers damage or loss by reason of a violation
of this section . . . against the violator.” 18 U.S.C. § 1030(g). How-
ever, any such action must be brought within 2 years of the date of
the complained-of act or of the date of discovery of the damage. Id.
The court did not err in dismissing Anderson’s claims
against Robinson because they were barred by 18 U.S.C. § 1030’s
two-year statute of limitations. 18 U.S.C. § 1030(g). As alleged in
Anderson’s complaint, the last of Robinson’s misconduct occurred
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23-12023 Opinion of the Court 5
in December 2018 and she did not bring the instant suit until April
2023. Thus, the court did not err in dismissing her claims against
Robinson as untimely and we affirm.
AFFIRMED.
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