Baynes v. Tuscaloosa County Jail

Filing 26

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 11/6/2017. (JLC)

Download PDF
FILED 2017 Nov-06 AM 09:41 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION HERSHEL SPRINGFIELD BAYNES, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) Civil Action Number 1:16-cv-01893-AKK-JEO MEMORANDUM OPINION On October 3, 2017, Defendant United States of America filed a motion to dismiss the Plaintiff’s medical malpractice claims against Dr. Gary Walton and Dr. Phillip Bobo for lack of subject-matter jurisdiction. Docs. 21 at 1; 22 at 2. The motion is supported by the declaration of Meredith Torres, “a Senior Attorney in the General Law Division, Office of the General Counsel, Department of Health and Human Services (the ‘Department’).” Doc. 23. Ms. Torres attests the Department’s Claims Branch computerized database contains “no record of any administrative tort claim filed by Hershel Springfield Baynes or an authorized representative relating to Whatley Health Services, Inc., Phillip Bobo, M.D. and/or Gary Walton, D.O.” Id. at 2. On October 6, 2017, the magistrate judge ordered the Plaintiff to show cause why this action should not be dismissed for lack of subject-matter jurisdiction. Doc. 21. The Plaintiff was advised that failure to respond to the order within twenty days would result in dismissal of this action without further notice. Id. at 2. On November 3, 2017, the Plaintiff filed a response. Doc. 25. The response does not allege that the Plaintiff filed an administrative tort claim as required by 28 U.S.C. § 2675(a). Id. Accordingly, the court is without jurisdiction to hear the case. Having carefully reviewed and considered de novo all the materials in the court file, the court EXPRESSLY finds the plaintiff has failed to establish the court has jurisdiction over this action. Accordingly, the defendant’s motion to dismiss is GRANTED, and this action is due to be dismissed for lack of subject-matter jurisdiction. The case will be DISMISSED WITHOUT PREJUDICE by a separate order. DONE the 6th day of November, 2017. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?