Everett Houck, Plaintiff-appellant, v. Department of Education, Defendant-appellee, 52 F.3d 337 (10th Cir. 1995)

Plaintiff Everett Houck, appearing pro se, appeals the district court's dismissal of his complaint which sought relief under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 1336(b), 2671. We have jurisdiction pursuant to 28 U.S.C. 1291.

On March 2, 1994, Plaintiff sued the United States Department of Education ("DOE") pursuant to the FTCA. In his complaint, Plaintiff claimed that the DOE was negligent in its debt collection practices when it improperly attempted to collect on a student loan which he had repaid. On November 22, 1994, the DOE filed a motion for summary judgment alleging that Plaintiff had failed to meet the jurisdictional prerequisite of filing a damage claim with the DOE. See Farha v. FDIC, 963 F.2d 283, 289 (10th Cir. 1992) (filing requirement under FTCA is jurisdictional and cannot be waived). The district court subsequently granted Defendant's motion and dismissed Plaintiff's action for want of jurisdiction. This appeal followed.

We have reviewed the record and the briefs of the parties. We affirm for substantially the same reasons as set forth in the district court's December 30, 1994 order.

AFFIRMED.