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McCARTHY v. F.D.I.C.

No. 02-56357.

348 F.3d 1075 (2003)

Ralph E. McCARTHY, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Superior Bank F.S.B. and Conservator of Superior Bank F.S.B. (New Superior); Alliance Funding, a Division of Superior Bank F.S.B.; Superior Bank F.S.B.; Superior Bank F.S.B. (New Superior); Charter One F.S.B.; Missouri Capital Mortgage; Springfield Title Company; Springfield Closing Company; James Fossard, Trustee, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 5, 2003.

Attorney(s) appearing for the Case

Ralph E. McCarthy, Pro se, Channel Islands, California, for the plaintiff-appellant.

J. Scott Watson, Federal Deposit Insurance Corporation, Washington, DC, for the defendants-appellees.

Before WALLACE, RYMER, and TALLMAN, Circuit Judges.

Argued and Submitted October 9, 2003, Pasadena, California.

OPINION

RYMER, Circuit Judge.

Ralph E. McCarthy appeals the dismissal of his action for damages for the way the Federal Deposit Insurance Corporation (FDIC) handled a loan that he was negotiating with Superior Bank, F.S.B. after the bank failed and the FDIC was appointed as receiver. The district court held that it lacked subject matter jurisdiction because McCarthy failed to exhaust his...

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