Maximus T. Englerius, also known as, The American Tradition Party v. United States Government

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MAXIMUS T. ENGLERIUS,
also known as,
The American Tradition Party,
Plaintiff - Appellant,
v.
UNITED STATES GOVERNMENT,
Defendant - Appellee.
No. 09-35658
D.C. No. 2:09-cv-00172-RSM
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Ricardo S. Martinez, District Judge, Presiding
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Maximus T. Englerius appeals pro se from the district court’s judgment
FILED
APR 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-35658 2
dismissing his action alleging that the Federal Election Commission (“FEC”)
permitted the major political parties to manipulate the presidential debates to
exclude third-party candidates. We have jurisdiction pursuant to 28 U.S.C. § 1291.
We review de novo the district court’s order dismissing for lack of subject matter
jurisdiction. Amerco v. NLRB, 458 F.3d 883, 886 (9th Cir. 2006). We affirm.
The district court properly determined that it lacked subject matter
jurisdiction to consider Englerius’s action because he did not file his complaint in
the proper forum or within 60 days of the FEC’s dismissal of his administrative
complaint. See 2 U.S.C. § 437g(a)(8) (explaining the exhaustion procedure before
a private party can bring a federal action to enforce the Federal Election Campaign
Act).
Englerius’s remaining contentions are unpersuasive.
AFFIRMED.

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