Background
Former federal prisoner Theodore E. Essenfeld appealed pro se from a district court judgment dismissing his action challenging disciplinary proceedings by the United States Navy. The appeal was submitted for decision without oral argument.
The court’s reasoning
The Ninth Circuit reviewed the dismissal de novo and affirmed because the plaintiff failed to identify a final agency action. Under the Administrative Procedure Act, a challenged agency action must mark the consummation of the agency’s decisionmaking process and determine rights or obligations from which legal consequences will flow. Federal courts lack subject matter jurisdiction to hear an Administrative Procedure Act claim if there is no final agency action. The court instructed the district court to amend the judgment to reflect that the dismissal is without prejudice.
What it means going forward
The dismissal allows the plaintiff to potentially refile the action if they can identify a final agency action, but the current challenge is terminated.