Rattler v. United States

Opinion

UNITED STATES DISTRICT COURT FILED

FOR THE DISTRICT OF COLUMBIA JAN 1 9 2010 Clerk, U.S. District and

)

Bankruptcy Courts

Clyde Lacy Rattler, )

Plaintiff, )

)

v. ) Civil Action No. 10 0087 )

United States of America, )

)

Defendant. )

MEMORANDUM OPINION

This matter is before the Court on its initial review of plaintiff s pro se complaint and application to proceed in forma pauperis. The application will be granted and the complaint dismissed for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring dismissal of an action "at any time" the Court determines that it lacks subject matter jurisdiction).

Plaintiff is a District of Columbia resident suing the United States for negligence. He seeks "an unlimited sum of money." Compl. at 2. A claim for monetary damages against the United States is cognizable under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671 et seq. Such a claim is maintainable, however, only after the plaintiff has exhausted his administrative remedies by "first present[ing] the claim to the appropriate Federal agency .... " 28 U.S.C. § 2675. This exhaustion requirement is jurisdictional. See OAF Corp. v. United States, 818 F.2d 901, 917-20 (D.C. Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C. Cir. 1984); Stokes v. Us. Postal Service, 937 F. Supp. 11, 14 (D.D.C. 1996). Plaintiff has not indicated that he exhausted his administrative remedies. Therefore, the complaint will be dismissed. See Abdurrahman v. Engstrom, 168 Fed.Appx. 445, 445 (D.C. Cir. 2005) (per curiam) ("[T]he district court properly dismissed case [based on unexhausted FTCA claim] for

IV 'i

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lack of subject matter jurisdiction."). A separate Order accompanies this Memorandum Opinion.

Date: January . -tL.

13 ,2010

United States Dist let Jud;e ~