Jonathan Brown v. United States

HANSEN, Circuit Judge.

Jonathan Brown appeals the dismissal of his medical negligence action against the United States of America. The district court 2 dismissed his suit for failure to state a claim on which relief could be granted, see Fed.R.Civ.P. 12(b)(6), and this appeal followed. Because Brown’s injury was sustained incident to military service, Brown’s suit falls outside the Federal Tort Claims Act (FTCA). The district court therefore lacked subject matter jurisdiction over this action, and dismissal was appropriate. See Fed. R.Civ.P. 12(b)(1). Accordingly, we affirm.

I

When this action…