Aguirre v. United States

Opinion

FILED MAY 19 2009 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Clerk, U.S. District and Bankruptcy Courts

Hector Villegas Aguirre, ) ) Plaintiff, ) ) v. ) ) Civil Action No. 09 0922 United States of America, ) ) Defendant. )

MEMORANDUM OPINION

The plaintiff is a prisoner who has filed a pro se complaint and an application to proceed

in forma pauperis. The application will be granted and the complaint dismissed for lack of

subject matter jurisdiction.

Plaintiff has filed a civil action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b),

2671 et seq. A civil action may be not be instituted under that Act

unless the claimant shall have first presented the claim to the appropriate federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make a final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section.

28 U.S.C. § 2675(a). This court does not have subject matter jurisdiction over FTC A claims that

have not been administratively exhausted as required by § 2675(a). See Jackson v. United States,

730 F.2d 808, 809 (D.C. Cir. 1984) ("Such a[n administrative] claim is a mandatory

jurisdictional prerequisite to a[n FTCA] suit against the United States."). Plaintiff has not

demonstrated that he has exhausted his administrative remedies. Because plaintiff has not established that this court has subject matter jurisdiction over this action, the action will be

dismissed without prejudice.

A separate order accompanies this memorandum opinion.

fA~- Date: "l1Ir 2rd1 District Judge

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