Karim Christian Kamal v. United States of America

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KARIM CHRISTIAN KAMAL,
Plaintiff-Appellant,
v.
UNITED STATES OF AMERICA,
Defendant-Appellee.
No. 18-55129
D.C. No. 2:15-cv-01585-FMO-JC
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Fernando M. Olguin, District Judge, Presiding
Submitted March 12, 2019**
Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.
Karim Christian Kamal appeals pro se from the district court’s summary
judgment in his Federal Tort Claims Act (“FTCA”) action alleging claims arising
from a motor vehicle accident in the Angeles National Forest. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Guatay Christian
* 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
MAR 19 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-55129
Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011) (cross-
motions for summary judgment); Green v. United States, 630 F.3d 1245, 1248 (9th
Cir. 2011) (district court’s application of the FTCA’s discretionary function
exception). We affirm.
The district court properly granted summary judgment for defendant because
it is immune from liability on Kamal’s claims under the “discretionary function”
exception to the FTCA. See 28 U.S.C. § 2680(a); United States v. Gaubert, 499
U.S. 315, 322-23 (1991) (the discretionary function exception covers acts that are
“discretionary in nature” and “based on considerations of public policy”).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.

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