Court of Appeals for the Ninth Circuit April 17, 2002, No. 01-35976; D.C. No. CV-01-00048-LMB (Cole v. United States)

MEMORANDUM***

Kelly Cole appeals pro se the district court’s order dismissing his Federal Tort *335Claims Act action alleging negligence and negligent infliction of emotional distress. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s dismissal for failure to state a claim, see Partnership Exch. Sec. v. NASD, 169 F.3d 606, 608 (9th Cir.