Davis v. United States Department of Homeland Security et al, No. 1:2005cv09304 - Document 34 (S.D.N.Y. 2008)

Court Description: AMENDED MEMORANDUM OPINION AND ORDER 5663: For reasons further set forth in said Order, defendant's Motion to Dismiss for lack of subject matter jurisdiction is granted. Because the two year statute f limitations on federal administrative claims has run, plaintiff can no longer exhaust his administrative remedies. Thus, the complaint is dismissed with prejudice and this action shall be closed. (Signed by Magistrate Judge Theodore H. Katz on 2/6/08) (db) Modified on 2/7/2008 (rw).