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Christian v. United States

*fn* submitted: November 17, 1993.

HENRY CHRISTIAN, JR., PLAINTIFF-APPELLANT,
v.
UNITED STATES OF AMERICA; WESTINGHOUSE ELECTRIC CORPORATION; U.S. GYPSUM CORP.; OWENS-CORNING FIBERGLASS CORPORATION; THE FLINTKOTE CO.; SQUARE D. CORP., DEFENDANTS-APPELLEES.



Appeal from the United States District Court for the Central District of California. D.C. No. CV-93-00028-SVW(G). Stephen V. Wilson, District Judge, Presiding

Before: Schroeder, D. W. Nelson, and Thompson, Circuit Judges.

MEMORANDUM

Henry Christian, Jr. appeals pro se the district court's dismissal of Christian's action against the federal defendants for lack of subject-matter jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, see Reebok Int'l, Ltd. v. Marnatech Enters., 970 F.2d 552, 554 (9th Cir. 1992), and affirm.

Christian filed a complaint in state court seeking compensatory and punitive damages for injuries he suffered while employed by the federal government at the Long Beach Naval Shipyard. The federal defendants removed the action to federal district court and thereafter filed a motion to dismiss for lack of subject-matter jurisdiction.

In granting the federal defendants' motion to dismiss, the district court correctly determined that the Federal Employees Compensation Act ("FECA"), 5 U.S.C. §§ 8101-93, provides Christian's exclusive remedy against the federal defendants. See id. § 8116(c); Sheehan v. United States, 896 F.2d 1168, 1173 (9th Cir. 1990). The district court lacked jurisdiction either to award Christian compensation, see 5 U.S.C. § 8116(c); Sheehan, 896 F.2d at 1173, or to review the Secretary of Labor's denial of Christian's FECA claim, see 5 U.S.C. § 8128(b); Sheehan, 896 F.2d at 1173 n.10. the district court did not err by granting the federal defendants' motion to dismiss.

AFFIRMED.*fn1

Disposition

AFFIRME ...


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