Hoda Samuel v. United States

710 F. App'x 208

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 29, 2018
• Docket: 16-11374 Summary Calendar
• Status: Unpublished

Opinion

PER CURIAM: *

Hoda Samuel, federal prisoner # 19252-097, appeals the dismissal of her Federal Tort Claims Act (FTCA) suit for lack of subject-matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). She challenges only the dismissal of her claim that federal employees injured her leg with a courtroom door on December 13, 2011; she abandons all other claims raised below. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993).

We review de novo the grant of a Rule 12(b)(1) motion to dismiss. United States v. Renda Marine, Inc., 667 F.3d 651, 655 (5th Cir. 2012). In light of the record before us, including the Standard Form 95 submitted by Samuel to the Bureau of Prisons, Samuel fails to show that the district court erred by holding that it lacked subject-matter jurisdiction because she had failed to present the claim in question to the agency. See 28 U.S.C. § 2675(a); Cook v. United States, 978 F.2d 164, 165-66 (5th Cir. 1992).

AFFIRMED.

* Pursuant to 5th Cir. R, 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.