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Tara Singhal v. Jack Lew
690 F. App'x 471
| 9th Cir. | 2017
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Docket

*1 Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

Tara Chand Singhal appeals pro se from the district court’s judgment dismissing Singhal’s action against the Secretary of the Treasury alleging that a *2 Tax Court judge violated Singhal’s due process rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the basis of sovereign immunity. Jachetta v. United States , 653 F.3d 898, 903 (9th Cir. 2011). We affirm.

The district court properly dismissed Singhal’s claim for monetary damages for lack of subject matter jurisdiction because the United States has not waived its sovereign immunity. See FDIC v. Meyer , 510 U.S. 471, 476-78 (1994) (the United States has not waived its sovereign immunity for constitutional torts); Gilbert v. DaGrossa , 756 F.2d 1455, 1458 (9th Cir. 1985) (United States is immune from suit unless it has expressly waived its sovereign immunity, and sovereign immunity cannot be circumvented by naming officers and employees of the United States as defendants).

We reject as without merit Singhal’s contentions that the district court judge was biased and the dismissal of his action was a violation of the First Amendment.

Defendant’s request for judicial notice (Docket Entry No. 14) is denied. AFFIRMED.

2 16-55461

[*] Steven Mnuchin has been substituted for his predecessor, Jack Lew, as Secretary of the Treasury under Fed. R. App. 43(c)(2).

[**] 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).

Case Details

Case Name: Tara Singhal v. Jack Lew
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Apr 25, 2017
Citation: 690 F. App'x 471
Docket Number: 16-55461
Court Abbreviation: 9th Cir.
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