Kasper Lamar Dobbs v. U.S. Marshals

139 F. App'x 777

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 29, 2005
• Docket: 04-3305
• Status: Unpublished

Opinion

PER CURIAM.

Kasper Dobbs appeals the district court’s 1 dismissal of his Federal Tort Claims Act complaint, without prejudice, for lack of subject matter jurisdiction. Having reviewed the record de novo, see Appley Bros. v. United States, 7 F.3d 720, 722 (8th Cir.1993), we conclude dismissal was proper given the unrefuted evidence of Dobbs’s failure to exhaust administrative remedies, see Bellecourt v. United States, 994 F.2d 427, 430 (8th Cir.1993), cert. denied, 510 U.S. 1109, 114 S.Ct. 1049, 127 L.Ed.2d 371 (1994). Accordingly, we affirm. See 8th Cir. R. 47B. We deny all pending motions.

1 . The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa.