FILED
NOT FOR PUBLICATION DEC 16 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BOBBY LEN FRANKLIN, No. 08-16439
Plaintiff - Appellant, D.C. No. 2:07-CV-01400-RLH-
RJJ
v.
MARK CHATTERTON; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Roger L. Hunt, Chief District Judge, Presiding
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Bobby Len Franklin appeals pro se from the district court’s judgment
dismissing for lack of subject matter jurisdiction his actions brought under 42
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument, and grants appellees’ motion. See Fed. R. App. P. 34(a)(2).
NW /Research
U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of
Narcotics, 403 U.S. 388 (1971), and from an order imposing a pre-filing restriction
on him. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
The district court properly dismissed the claims against the United States for
lack of subject matter jurisdiction because Franklin failed to exhaust the required
administrative procedures. See Doria Mining and Eng’g Corp. v. Morton, 608
F.2d 1255, 1257 (9th Cir. 1979) (“When the regulations governing an
administrative decision-making body require that a party exhaust its administrative
remedies prior to seeking judicial review, the party must do so before the
administrative decision may be considered final and the district court may properly
assume jurisdiction.”); United States v. Alisal Water Corp., 431 F.3d 643, 650 (9th
Cir. 2005) (stating de novo standard of review). We previously rejected Franklin’s
contentions regarding the Confirmation Statute, 43 U.S.C. § 1165, and Stockley v.
United States, 260 U.S. 532 (1923), and they remain unavailing. See Franklin v.
United States, 46 F.3d 1140 (9th Cir. Jan. 10, 1995) (unpublished mem.); Franklin
v. United States, 46 F.3d 1141 (9th Cir. Jan. 10, 1995) (unpublished mem.).
The district court did not abuse its discretion when it issued a pre-filing
review order against Franklin, after giving him notice and an opportunity to be
heard, developing a record for review, making findings regarding previous filings,
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and tailoring the restriction narrowly. See De Long v. Hennessey, 912 F.2d 1144,
1146 (9th Cir. 1990) (stating standard of review and explaining factors).
Franklin’s remaining contentions, including those regarding judicial recusal,
are unpersuasive.
AFFIRMED.
NW /Research 3 08-16439