Lewis A. Henderson v. UNITED STATES AIR FORCE, Davis- Monthan Air Force Base

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).
LSS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LEWIS A. HENDERSON,
Plaintiff - Appellant,
v.
UNITED STATES AIR FORCE, Davis-
Monthan Air Force Base,
Defendant - Appellee.
No. 08-17514
D.C. No. 4:06-cv-00323-FRZ-
BPV
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
Frank R. Zapata, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Lewis A. Henderson appeals pro se from the district court’s judgment
dismissing his action alleging that defendant violated the Privacy Act. We have
FILED
MAR 09 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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LSS/Research 08-17514 2
jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a dismissal for lack
of subject matter jurisdiction. Orsay v. U.S. Dep’t 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.

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