Banks v. UNITED STATES OF AMERICA, No. 4:2015cv00341 - Document 21 (E.D. Tex. 2016)

Court Description: MEMORANDUM OPINION GRANTING 9 MOTION TO DISMISS DUE TO LACK OF SUBJECT-MATTER JURISDICTION. Accordingly, the Government's Motion to Dismiss is GRANTED pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure due to lack of subject-m atter jurisdiction. Plaintiff may pursue post-deprivation remedies available to him under the Federal Employees' Compensation Act through the Department of Labor. This case is DISMISSED WITHOUT PREJUDICE. An order in accordance with this opinion shall issue this day. Signed by Judge Glen H Davidson on 5/31/2016. (kls, )