Check how courts have cited this case. Use our free citator for the most current treatment.
No. 8668248
United States Court of Appeals for the Ninth Circuit
Yowell v. United States
No. 8668248 · Decided April 18, 2008
No. 8668248·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 18, 2008
Citation
No. 8668248
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** The district court properly dismissed plaintiffs action because he does not have a cause of action under the Administrative Procedure Act, as his complaint is based upon a congressional act, not agency action. See 5 U.S.C. §§ 551 (1), 701(b)(1). Plaintiff waived his other jurisdiction claims, because either (1) he failed to argue the issues in his opening brief, see Miller v. Fairchild Indus., Inc., 797 F.2d 727 , 738 (9th Cir.1986), or (2) he raised them for the first time on appeal, see Rothman v. Hosp. Serv. of Southern California, 510 F.2d 956, 960 (9th Cir.1975). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Plain English Summary
MEMORANDUM ** The district court properly dismissed plaintiffs action because he does not have a cause of action under the Administrative Procedure Act, as his complaint is based upon a congressional act, not agency action.
Key Points
01MEMORANDUM ** The district court properly dismissed plaintiffs action because he does not have a cause of action under the Administrative Procedure Act, as his complaint is based upon a congressional act, not agency action.
02Plaintiff waived his other jurisdiction claims, because either (1) he failed to argue the issues in his opening brief, see Miller v.
03Fairchild Indus., Inc., 797 F.2d 727 , 738 (9th Cir.1986), or (2) he raised them for the first time on appeal, see Rothman v.
04This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Frequently Asked Questions
MEMORANDUM ** The district court properly dismissed plaintiffs action because he does not have a cause of action under the Administrative Procedure Act, as his complaint is based upon a congressional act, not agency action.
FlawCheck shows no negative treatment for Yowell v. United States in the current circuit citation data.
This case was decided on April 18, 2008.
Use the citation No. 8668248 and verify it against the official reporter before filing.