SANTIAGO
v.
UNITED STATES
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Plaintiff filed a Federal Tort Claims Act (FTCA) suit against the United States for injuries from a postal truck collision but failed to exhaust administrative remedies by not waiting the required six months before filing suit. The district court dismissed for lack of subject matter jurisdiction.
The plaintiff did not exhaust his administrative remedies as required by the FTCA because he failed to wait the mandatory six months after presenting his claim to the federal agency before filing suit. Consequently, the court lacks subject matter jurisdiction over the action.
“In order to file such a claim, the Plaintiff first had to exhaust his administrative remedies. 28 U.S.C. § 2675(a).”
Establishes the mandatory administrative exhaustion requirement under the Federal Tort Claims Act.
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Join FLexlaw to unlock all legal intelligencePlaintiff was injured in a collision involving a postal truck and filed suit under the Federal Tort Claims Act. Under 28 U.S.C. § 2675(a), FTCA claima…
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/ ORDER GRANTING THE DEFENDANT’S MOTION TO DISMISS THIS CAUSE is before the Court on the Defendant’s Motion to Dismiss at docket entry 31. The Motion has been fully briefed. For the reasons set forth below, the Motion is granted. The Plaintiff filed this action under the Federal Tort Claims Act, alleging that a postal truck injured him in a collision. In order to file such a claim, the Plaintiff first had to exhaust his administrative remedies. 28 U.S.C. § 2675(a).
To exhaust his administrative remedies, the Plaintiff had to present his claim to the appropriate federal agency and wait six months before filing suit. Id.; McNeil v. U.S., 508 U.S. 106, 112 (1993).
It is undisputed that the Plaintiff did not wait six months.' DE 1, 35. It is therefore ORDERED AND ADJUDGED that the Defendant’s Motion to Dismiss is GRANTED and this case is DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION. The Clerk of the Court shall CLOSE THIS CASE. DONE and ORDERED in Chambers, West Palm Beach, Florida, this 30th day of April, 2024. — / | Tob . A.A Hee alot . ROBIN L. ROSENBERG Copies furnished to Counsel of Record UNITED STATES DISTRICT JUD
| For all of the reasons set forth in the Motion and Reply, the Plaintiff's reliance upon a legal assistant’s faxed, unsigned, unproduced, and unreceived document is improper.