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Lewis A. HENDERSON, Plaintiff-Appellant, v. UNITED STATES AIR FORCE, Davis-Monthan Air Force Base, Defendant-Appellee

United States Court of Appeals for the Ninth Circuit2010-03-09No. No. 08-17514
370 F. App'x 807

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Opinion

majority opinion

MEMORANDUM

Lewis A. Henderson appeals pro se from the district court’s judgment dismissing his action alleging that defendant violated the Privacy Act. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a dismissal for lack of subject matter jurisdiction. Orsay v. U.S. Dept of Justice, 289 F.3d 1125, 1128 (9th Cir.2002). We affirm. The district court properly dismissed Henderson’s Privacy Act claims because they are precluded by the Civil Service Reform Act (“CSRA”). See id. at 1128-30 (affirming dismissal of Privacy Act claim for lack of subject matter jurisdiction where the alleged conduct constitutes a “prohibited personnel practice” under the CSRA). Henderson’s remaining contentions are unpersuasive.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.