Aguirre v. United States ( 2009 )

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.
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Date: "l1Ir 2rd1 District Judge
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