RATTLER v. UNITED STATES OF AMERICA, No. 1:2010cv00087 - Document 4 (D.D.C. 2010)

Court Description: MEMORANDUM OPINION Signed by Judge Colleen Kollar-Kotelly on 1/13/2010. (ls, )

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FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Clyde Lacy Rattler, Plaintiff, v. United States of America, Defendant. ) ) ) ) ) ) ) ) ) JAN 1 9 2010 Clerk, U.S. District and Bankruptcy Courts Civil Action No. 10 0087 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 lack of subject matter jurisdiction."). A separate Order accompanies this Memorandum Opinion. . -tL. Date: January 13 United States Dist let Jud;e ,2010 2 ~
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