FILED
NOT FOR PUBLICATION NOV 02 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LIONEL TALBOT, No. 14-35835
Plaintiff-Appellant, D.C. No. 9:14-cv-00127-DLC
v.
MEMORANDUM*
ROBERT A. McDONALD, Secretary of
Veterans Affairs,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, Chief Judge, Presiding
Submitted October 25, 2016**
Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges.
Lionel Talbot appeals pro se from the district court’s judgment dismissing
his action seeking veterans’ benefits. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo a district court’s dismissal for lack of subject matter
*
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).
jurisdiction. Naffe v. Frey, 789 F.3d 1030, 1035 (9th Cir. 2015). We affirm.
The district court properly concluded that it lacked jurisdiction because the
Veterans’ Judicial Review Act precludes district court jurisdiction over claims
relating to or affecting veterans’ benefits decisions. See Veterans for Common
Sense v. Shinseki, 678 F.3d 1013, 1025 (9th Cir. 2012) (en banc).
Talbot’s pending request regarding the February 26, 2015 order, set forth in
the opening brief, is denied.
AFFIRMED.
2 14-35835